The trademark E was filed by HUMAN IT GROUP SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA, a corporation established under the laws of the Republic of Poland (the "Applicant"). The application was published for oppositions on June 26, 2022, and received one opposition filed on September 25, 2022 by Enterprise Holdings, Inc. on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by LEWIS SILKIN IRELAND and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 25, 2022
The application was filed in Polish, and Polish was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Programs for computers
Encoded programs
Software suites
Computer operating programs
Operating system programs
Computer software
Programs for smartphones
Computer programs, recorded
Data processing programs
Interactive multimedia computer programs
Data storage programs
Programming units (Electronic -)
Programmable digital read-out units
Programming units (Computer -)
Development environment software
Computer programs for project management
Software programmable microprocessors
Mobile apps
Downloadable software applications
Educational computer applications
Computer software applications, downloadable
Application development software
Information retrieval applications
Application server software
Office and business applications
Educational tablet applications
Downloadable application software for smartphones
Machine-to-Machine [M2M] applications
Web application and server software
Computer software for application and database integration
Downloadable mobile applications for the transmission of information
Downloadable mobile applications for the management of data
Software
Interfaces for computers
Utility software
Industrial software
Educational software
Sensory software
Any of the aforesaid goods, excluding the following goods: Antivirus software and Data protection software
None of the aforesaid goods relating to the following services: Rental and leasing of vehicles, Car fleet administration services, Vehicle sales.
The mark was filed in class 39 with following description of goods:
Shipping
Providing tourist travel information
Providing of maps and travel routes
Providing of information concerning road conditions and traffic, namely maps containing traffic information, data containing details of scheduled incidents which affect traffic, including road closures, and details of unscheduled incidents which affect traffic, including accidents, police, fire or other emergency service actions or road damage or blockage due to any other unplanned cause
Travel guide and travel information services, Advice relating to travel
Information relating to travel and transport provided to online subscribers via e-mail, the internet, mobile applications and text messaging services and television programmes
Services for the transport, packaging and storage of goods
Transport services relating to road, rail, water and pipe transport, oil and liquid fuel storage and warehousing services, and establishing and maintaining fuel stocks, sea and land handling services
None of the aforesaid relating to rental services.
The mark was filed in class 42 with following description of goods:
Duplication of computer programs
Writing of computer programs
Rental of computer programs
Updating of computer programs
Computer software design
Creating of computer programs
Maintenance of computer programs
Testing of computer programs
Installing computer programs
Installing computer programs
Editing of computer programs
Modifying of computer programs
Compilation of computer programs
Programming of educational software
Programming of web pages
Programming of multimedia applications
Research relating to computer programs
Updating of computer programs
Services for the writing of computer programs
Development of data programs
Programming of customized web pages
Compilation of data-processing programs
Designing of data processing programmes
Installation and maintenance of computer programs
Development of programmes for data processing
Preparation of data processing programmes
Creating programmes for data processing
Computer software consultancy
Hosting of multimedia applications
Hosting of interactive applications
Hosting of computerized data, files, applications and information
Software engineering
Computer systems integration services
Writing of computer software
All the aforesaid services, Except services relating to antivirus software and software for data protection
None of the aforesaid relating to rental services.