The trademark ICONIC IMP was filed by SMARTTECH INDUSTRY SOFTWARE SOLUTIONS, S.L., a corporation established under the laws of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on August 28, 2022, and received one opposition filed on October 3, 2022 by RETEX S.p.A. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by PORTA & CONSULENTI ASSOCIATI S.p.A. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 3, 2022
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
A transfer of the trademark registration was recorded on October 2, 2024.
The Opposition with reference B 003180065 was rejected according to Article 8(1)(b) EUTMR with decision issued on November 14, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Scientific apparatus and instruments, Research apparatus and instruments, Surveying apparatus and instruments, Photographic apparatus and instruments, Audio visual apparatus arid instruments, Optical apparatus and instruments, Weighing apparatus and instruments, Apparatus and instruments for metering, Signalling apparatus and instruments, Detecting apparatus and instruments, Test apparatus and instruments, Inspecting apparatus and instruments and Teaching apparatus and instruments
Apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data
Calculating devices
Computers and computer peripherals
Data processing equipment, computers
Software
Programs for computers
Computer application software
Computer programs, recorded
Computer software applications, downloadable
Downloadable software applications
Computer software platforms
Computer software platforms, recorded or downloadable
Applications for mobile devices
Information technology and audiovisual equipment
Communication software for connecting local computer networks or Communication software for connecting global computer networks
Application software for cloud computing services
Scheduling software
Enterprise software
Applications for offices and businesses
Enterprise resource planning [ERP] software
Automation software for business processes and Business process management software
Manufacturing software
Smart manufacturing software
Software for computerised design/manufacturing
Industrial automation software
Testware.
The mark was filed in class 35 with following description of goods:
Advertising
Business management, organisation and administration of commercial affairs
Office functions
Commercial or industrial management assistance.
The mark was filed in class 42 with following description of goods:
Scientific and technological services, as well as related research and design services
Industrial analysis, industrial research and industrial design services
Quality control and authentication
Quality control relating to production processes and Quality control relating to production systems
Tracking of processes and production systems for quality control purposes
Design and development of hardware and software
Conducting technical project studies
Electronic data storage services for archiving databases
Digital copying services for the digital distribution of digital files
Digital file adaptation and correction services
Computerised or digital file management services
Design, The installation, Servicing, Updating and leasing in relation to the followig goods: Software and Computer systems
Hosting of interactive applications
Development of the following goods: Computer software applications for providing audio, visual, multimedia, text and photo content
Cloud computing
Software platform services for the planning, management, implementation and maintenance of projects for commercial or industrial companies.