The trademark ECLOUD was filed by Ethernity HODL UG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on April 3, 2023, and received one opposition filed on July 3, 2023 by ANS Group Limited on (a) Art. 8(4), (b) Identity of marks and Goods and Services, (c) Likelihood of confusion, (d) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Mathys & Squire Europe Patentanwälte Partnerschaft mbB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 3, 2023
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:
Cryptographic data related to crypto-assets
Software related to cryptocurrency
Software related to virtual currency
Software related to digital currency
Software related to utility Tokens
Software related to digital currency, namely relating to or used for a distributed confidential computing ecosystem, including for payment, reward or functionality within or in relation to such ecosystem
Software related to virtual currency, namely relating to or used for a distributed confidential computing ecosystem, including for payment, reward or functionality within or in relation to such ecosystem
Software related to utility tokens, used for a distributed confidential computing ecosystem, including for payment, reward or functionality within or in relation to such ecosystem
Cryptographic data related to crypto-assets, used for a distributed confidential computing ecosystem, including for payment, reward or functionality within or in relation to such ecosystem
Software related to cryptocurrency, used for a distributed confidential computing ecosystem, including for payment, reward or functionality within or in relation to such ecosystem.
The mark was filed in class 42 with following description of goods:
Cloud computing
Programming of operating software for accessing and using a cloud computing network
Providing virtual computer systems through cloud computing
Design and development of operating software for accessing and using a cloud computing network
Providing virtual computer environments through cloud computing
Providing temporary use of online non-downloadable software for accessing and using a cloud computing network
Consulting services in the field of cloud computing
Providing temporary use of on-line non-downloadable operating software for accessing and using a cloud computing network
Consulting in the field of cloud computing networks and applications
Cloud seeding
Design and development of operating software for cloud computing networks
Cloud computing services
Rental of operating software for accessing and using a cloud computing network