The trademark was filed by Checkdomain GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on December 19, 2023, and received one opposition filed on March 19, 2024 by Vetted Limited on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by HL Kempner Patentanwälte, Solicitors (England & Wales), Irish Patent Agents Partnerschaft mbB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 19, 2024
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on October 18, 2023.
Goods And Services
The mark was filed in class 35 with following description of goods:
Goods marketing, organisational and professional business consultancy relating to the distribution of goods and services on one's own behalf and for others
Organisation of exhibitions and congresses for commercial or advertising purposes
Marketing
Distribution of goods for advertising purposes, for others
Design of advertising materials
Advertising
Arranging for advertising space
Introduction of customers, for others
Online services, ie, Collating information of all kinds.
The mark was filed in class 38 with following description of goods:
Telecommunication services
Operating mailboxes and/or Online services, namely Gathering, supplying and transmitting of messages of all kinds
Operating mailboxes and/or Online services, namely Supply and transmission of information of all kinds
Transmission of film, video, audio, radio and/or television programmes.
The mark was filed in class 42 with following description of goods:
Updating of computer software
Updating of computer software
Updating of Internet pages
User management and authorisation on computer networks
Consultancy with regard to the design of homepages and Internet pages
Telecommunications engineering consultancy
Providing search engines for the internet
Consultancy in the field of computers
Consultancy in the field of computer hardware and computer software
Computer software consultancy
Computer system analysis
Designing and creating homepages and Internet pages
Software design for others
Computer system design
Certification agency services (trust centres), namely issuing and management of digital codes and/or digital signatures
Services of an EDP programmer
Graphic design services
Art work design
Laboratory services relating to technical measurements and testing
Computer virus protection services
Digital image processing (graphic design)
Editing, formatting and transfer of data on to blank CDs (premastering)
EDP consultancy
Calibration [measuring]
Electronic data back-up
Electronic data storage
Computer programming
Computer animation
Creating and maintaining web sites for others
Installation and maintenance of software
Installation and maintenance of Internet access software
Installation of computer software
Calibration and function testing of measuring apparatus
Configuring computer networks by means of software
Conversion of computer programs and data, other than physical conversion
Conversion of data or documents from physical to electronic media
Duplication of computer programs
Server administration
Security services for protection against illegal network access
Technical consultancy
Conducting technical project studies
Technical project management in the field of electronic data processing
Checking of digital signatures
Rental and maintenance of memory space for use as websites for others (hosting)
Computer rental
Rental of computerware
Computer rental
Rental of web servers
Maintenance of computer software
Recovery of computer data
Certification services
Providing or rental of electronic memory space on the Internet (webspace)
Operation of computer centres
Providing or rental of storage space for tower and 19-inch server systems
Providing or rental of computer centre services
Providing or rental of EDP virtualisation services, virtual servers
Providing or rental of memory space for data security
Providing or rental of online backup memory space and services
Product design
Storage of messages and information of all kinds [operating mailboxes and/or online services].