The trademark DEVOTE was filed by Interchange 365 Holding B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on May 31, 2023, and received one opposition filed on August 29, 2023 by F & K Delvotec Bondtechnik GmbH on Likelihood of confusion. the opponent was represented by Eversheds Sutherland (Germany) Rechtsanwälte Steuerberater Solicitors Partnerschaft mbB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 29, 2023
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 instruments, Research apparatus and instruments, Navigational apparatus and instruments, Surveying apparatus and instruments, Photographic apparatus and instruments, Cinematographic apparatus and instruments, Audio processing equipment, Optical apparatus and instruments, Weighing apparatus and instruments, Measurement apparatus and instruments, Signalling apparatus and instruments, Detecting apparatus and instruments, Controlling apparatus and instruments, salvage apparatus and instruments and Teaching apparatus and equipment
Software
(recorded programs)
Electronic publications, downloadable or on data carriers
Downloadable and streaming software, including the following products: Mobile applications (programmes) for smartphones and tablets, namely apps
Downloadable digital data files and Downloadable digital databases.
The mark was filed in class 35 with following description of goods:
Advertising and sales promotion
Business management
Business administration
Office functions, Including the administration of data relating to the use of various equipment and IT/ICT infrastructure
Office functions, in the following fields: Purchase and sale of various equipment and IT/ICT infrastructure, and marketing support therefor
Compiling and managing databases
Secondment services, In the field of ICT
Computerized file management, In the field of ICT
Opinion polls and market surveys aimed at analysing common interests
Consultancy and information regarding the aforesaid services
The aforesaid services provided also via the internet, apps and other forms of electronic or digital data transmission.
The mark was filed in class 38 with following description of goods:
Telecommunication services
Providing access, in relation to the following goods: Telecommunications networks and Telecommunication apparatus
Provision of access to computer software, Via websites
Image transfer, Transmission of audio and Data transfer services, Via telecommunications channels, The aforesaid services including in relation to information and internet services
Electronic data transfer
Telecommunications services for dial-up access to electronic (cable) networks such as the internet
Email
Telecommunications required for the transfer, transmission and/or reception of data by means of cable, radio-electric means or optical or electromagnetic systems, The aforesaid services also for the purpose of providing computer users with access to international telecommunications networks and, via such international networks, to other networks and to services available on the aforesaid networks
Ordering and hire in relation to the following goods: Telecommunications networks and Telecommunication apparatus, Including VOIP systems
VOIP telecommunication services between equivalent computers without servers (so-called peer-to-peer communication)
Rental of telecommunication equipment
Telecommunications services required to obtain file sharing and direct electronic messaging over global computer networks
Advice On the use of specific telecommunications equipment (so-called unified communication systems) within companies and institutions
Consultancy and information regarding the aforesaid services
Including all the aforesaid services on the Internet and Via apps and via other forms of electronic or digital data transmission.
The mark was filed in class 41 with following description of goods:
Education
Educational and teaching services
Organisational and arranging of seminars, Conducting various seminars, Arranging conferences, Conducting of conferences, Arranging of workshops and Conducting of workshops, The aforesaid services in relation to business, telecommunications and IT/ICT infrastructure
Consultancy and information regarding the aforesaid services
All foresaid services also by the means of the Internet and Via apps and via other forms of electronic or digital data transmission.
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
Design, development, implementation, installation, maintenance, rental and updating of computer software
Consultancy relating to computer hardware
Software development, mobile application development services
Draughting and Development In connection with the following goods: Communications equipment, IT infrastructure or ICT infrastructure
Technical automation counselling, in the following fields: Implementation of communications equipment and IT/ICT infrastructure
Automation services, Including consultancy
Development and control In connection with the following goods: Software and hardware
Maintenance and updating of computer software
Software design and development
ICT specialists for managing computer projects
Consultancy and Consultancy in the following fields: IT and IT
Technical automation counselling, in the following fields: Implementation of computer software and Implementation of computer hardware
Computer programming
The design and Servicing In connection with the following goods: web sites on the Internet and Web applications and Consultancy relating to the aforesaid services
Hosting computer sites [web sites]
Rental of the following goods: Of computers, IT infrastructure, ICT infrastructure
Consultancy, On the use of IT/ICT infrastructure within companies and institutions
Consultancy and information regarding the aforesaid services
The aforesaid services provided also via the internet, apps and other forms of electronic or digital data transmission.