The trademark plano was filed by Plano solutions gmbh, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on June 8, 2023, and received one opposition filed on August 31, 2023 by Planon Software Development B.V. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by V.O. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 31, 2023
The application was filed in German, and German 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:
Software for personnel requirements analysis
Software for preparing and/or optimising service and/or shift plans
Software for recording, assessment and management of time data for personnel scheduling
Computer software for payroll preparation
Software for controlling personnel processes
Data processing software for recording and assessing work times
Workforce management software
Personal development software
Software for analysing, planning and controlling personnel resources
Interfaces [interface equipment or computer programs] for transmitting personnel data relating to salary and payroll services
Software for workforce management systems
Downloadable course materials for training courses and training of personnel
Software for personnel training and further training management.
The mark was filed in class 35 with following description of goods:
Business inquiries
Updating and maintenance of data in computer databases
Business management and organization consultancy
Office functions
Computerized file management
Provision of information relating to commerce
Provision of business information
Payroll preparation
Personnel recruitment
Consultancy relating to the selection of personnel
Information services relating to jobs and career opportunities
Compilation of information into computer databases
Business consultancy regarding personnel logistics
Business organisation and management consultancy in the field of personnel management.
The mark was filed in class 41 with following description of goods:
Training and further training consultancy
Personnel development by means of training and further training
Organisation of software training
Arranging and conducting of software training
Instructional services relating to data processing
Organisation, development and offering of training courses in relation to the followings fields: Workforce scheduling
Arranging and conducting of training courses in relation to the followings fields: Provision of management personnel
Hosting and conducting of talks.
The mark was filed in class 42 with following description of goods:
Updating, in relation to the following goods: Computer software for personnel scheduling, personnel requirements analysis, preparing and/or optimising service and/or shift plans, salary services
Design, in relation to the following goods: Computer software for personnel scheduling, personnel requirements analysis, workforce management systems
Creating, in relation to the following goods: Data processing programs for recording and assessing work times
Creating, in relation to the following goods: Software for analysing, planning and controlling personnel resources
Creation of programs for workforce management and personnel development
Creating, in relation to the following goods: Programs for personnel training and further training management
Creation of software for workforce management systems
Custom manufacture, Customisation services, in relation to the following goods: Software for personnel scheduling, personnel requirements analysis, workforce management systems
Custom design services, in relation to the following goods: Computer software for personnel scheduling, personnel requirements analysis, workforce management systems
Implementation, in relation to the following goods: Software in the field of personnel scheduling, design of work time, salary services, preparing and/or optimising service and/or shift plans
Scientific research, Relating to the following sectors: Human resources
Professional consultancy services, in relation to the following goods: Computer software, namely Workforce management software.