The trademark MAGENTUS was filed by The Citadel Group Pty Limited, a corporation established under the laws of the Commonwealth of Australia (the "Applicant"). The application was published for oppositions on March 2, 2023, and received one opposition filed on May 8, 2023 by CRUZADO MAQUEDA, LUIS FRANCISCO on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by SOGEMARK PROPIEDAD INDUSTRIAL S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 8, 2023
The application was filed in Swedish, and Swedish was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003195518 was rejected according to Article 8(1)(b) EUTMR with decision issued on December 2, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Application software
Communication software
Computer programs, downloadable
Communications processing computer software
Computer software downloaded from the internet
Computer software
Computer software programs
Computer software (recorded)
Computer software for business purposes
Computer programs for scientific data analysis
Computer programs for the analysis of data processing efficiency
Computer software for use in controlling machines
Computer software platforms, recorded or downloadable
Computer software applications (downloadable)
Data processing software
Data recorded electronically
Computer software programs for database management
Database programs
Installations for the remote loading of computer software
Installations for the remote unloading of computer software
Packaged software
Pre-recorded software
Software as a medical device [SaMD], downloadable.
The mark was filed in class 35 with following description of goods:
Data processing for the collection of data for business purposes
Business data analysis services
Business intelligence services
Compilation of information into computer databases
Systemization of information into computer databases
Updating and maintenance of data in computer databases.
The mark was filed in class 42 with following description of goods:
Advisory services relating to computer software
Artificial intelligence consultancy
Computer software design
Computer software development
Computer support services (programming and software installation, repair and maintenance services)
Computer support services (software advisory and information services)
Development of systems for the processing of data
Development of systems for the storage of data
Development of systems for the transmission of data
Development of computer programmes
Development of computer software application solutions
Development of computer platforms
Consultancy in the design and development of computer software
Design and development of computer software
Design and development of computer software for others
Electronic data storage
Hosting of software as a service (SaaS)
Platform as a Service (PaaS)
Installation of computer software
Online provision of web-based software (non-downloadable)
Provision of online non-downloadable software (application service provider)
Providing information, including online, about design and development of computer hardware and software
Providing virtual computer systems through cloud computing
Research in the field of artificial intelligence technology
Design of information systems
Technological advisory services
Providing information, including online, about scientific and technological services and research and design relating thereto.