The trademark X was filed by IlionX Group B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on September 12, 2022, and received one opposition filed on December 11, 2022 by TIMEXTENDER A/S on Likelihood of confusion. the opponent was represented by DLA PIPER DENMARK LAW FIRM P/S and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 11, 2022
The application was filed in Dutch, and Dutch 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:
Scientific apparatus and Scientific instruments, in the following fields: Monitoring and Relief services
Computer programs, recorded
Communication, networking and social networking software
Software
Data communications software
Downloadable and non-downloadable software for use with computers
Computer hardware
Apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data
Computer terminals, all in particular to be used with navigation systems, route planners and/or digital maps
Data-processing equipment and computers
Downloadable media
Telecommunications machines
Digital data carriers
Electronic publications, downloadable
Electronic publications
Computers, Electronic agendas
Software and applications for mobile devices
Electronic publications, downloadable.
The mark was filed in class 38 with following description of goods:
Telecommunication services
Transmission and connection services
Data transfer services, data dissemination and Message transmission and Dissemination of messages Via cable, By satellite, On internet, By computer and Via computer networks
Electronic communications services
Providing multiple-user access to global computer information networks
Providing telecommunications connections to the Internet
Ordering, in relation to the following goods: Telecommunication channels enabling others to consult databases and/or other data compilations and the recorded content therein, via various means (internet, cable or other means)
Providing user access to information on the Internet
Electronic transmission of computer programs via the internet
Digital transmission of data via the Internet
Providing access to databases
Facilitating access to a worldwide computer network for downloading computer software, computer programs and information
Providing access to search engines
Providing of mobile and fixed telecommunication channels
Providing access to databases, Provision of access to computer software
Providing discussion forums and Providing Internet chat rooms
Providing access to online forums and chat rooms
Communications by mobile phones
Telephone services
Transmission of electronic mail
Information and consultancy relating to the aforesaid services
All the aforesaid services whether or not via electronic channels, including the Internet.
The mark was filed in class 42 with following description of goods:
Scientific and technological services and research and design relating thereto
Industrial analysis and research services
Computer programming
Design, Programming services, Creation, Updating and hire In connection with the following goods: hardware, Software, computer system and -peripheral devices
Data storage and cloud computing services
Technical automation counselling
IT consultancy, advisory and information services
IT security, protection and restoration
IT services for data protection
Conducting of research, development, design and construction of products, including in relation to telecommunications, communications, computerisation (including for offices), storage, transport and processing of data, documents and goods
Transfer (providing) of know-how, in relation to the following fields: IT
Creation, hosting (for others) and maintenance of websites
Implementation of computer programs, Maintenance of computer programs and Updating of computer programs
Rental of access time to a server centre and databases
Consultancy and assistance in solving technical software problems
Providing of search engines for obtaining data via communications networks
Providing temporary use of computer software and online facilities to enable users to access and download computer software
Testing, authentication and quality control
Quality assurance consultancy
Certification
Design and development of computer hardware and software
Information and consultancy relating to the aforesaid services
The aforesaid services also via electronic channels, including the Internet.