The trademark DSFU was filed by Orchid Technologies LLC, a Limited Liability Company (the "Applicant"). The application was published for oppositions on May 1, 2022, and received one opposition filed on July 31, 2022 by Bboy World Entertainment on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 31, 2022
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Downloadable computer software, namely, software for use in developing, configuring, operating and using private overlay networks
Downloadable computer software for developing, configuring, operating and using distributed computing systems and networks
Downloadable computer software for enhancing the security of computer systems and networks
Downloadable computer software for encryption
Downloadable computer software for providing access to the internet
Downloadable computer software for downloading data files, audio files, video files and image files from the internet
Downloadable computer software for collecting, editing, organizing, modifying, bookmarking, transmitting,storing, and sharing of audio, video, or other multimedia files, software, digital files, electronic broadcasts, and data
Downloadable computer software for electronic data storage and data storage rental services, namely, downloadable software that coordinates the rental of electronic and cloud data storage by tracking, reporting, managing, allocating, reserving, preserving, and deploying electronic data resources and by backing up, synchronizing, and sharing data between computers and electronic devices
Downloadable software application for mobile and web enabled devices, namely, downloadable software for use in developing, configuring, operating and using private overlay networks
Downloadable software application for mobile and web enabled devices, namely, developing, configuring, operating and using distributed computing systems and networks
Downloadable software application for mobile and web enabled devices, namely, downloadable software for enhancing the security of computer systems and networks
Downloadable software application for mobile and web enabled devices, namely, downloadable computer software for encryption
Downloadable software application for mobile and web enabled devices, namely, downloadable computer software for providing access to the internet
Downloadable software application for mobile and web enabled devices, namely, downloadable computer software for downloading data files, audio files, video files and image files from the internet
Downloadable computer software for collecting, editing, organizing, modifying, bookmarking, transmitting, storing, and sharing of audio, video, or other multimedia files, software, digital files, electronic broadcasts, and data.
The mark was filed in class 38 with following description of goods:
Electronic data transmission
Streaming of data
Streaming of software applications
Providing data streaming capacity to others
Streaming of audio and video material on the Internet
Video-on-demand transmission
Providing access to telecommunication networks
Providing multiple user access to global computer information networks for the transfer and dissemination of a wide range of information
Providing user access to computer software in data networks
Providing access to remotely hosted operating systems and computer applications through the internet
Providing access to cloud based computing resources and storage
Providing access to databases
Providing virtual private network (VPN) services
Telephone communications
Voice over Internet protocol (VOIP) services
Web conferencing services
Transmission of messages.
The mark was filed in class 42 with Application service provider, namely, providing, hosting, managing, developing and maintaining applications software, websites, and databases in the field of distributed computing systems, encryption, internet access, data files, audio files, video files, image files, multimedia files, electronic data storage, and cloud data storage.