The trademark WHIRLWIND was filed by N-Cubator B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on February 5, 2020, and received one opposition filed on April 29, 2020 by wind GmbH on Likelihood of confusion. the opponent was represented by HEISSNER & STRUCK RECHTSANWÄLTE PARTNERSCHAFT MBB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 29, 2020
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
The Opposition with reference B 003117550 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on March 15, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer hardware
Computer hardware and peripheral devices and software for playback, streaming, transmitting, receiving audio-visual media content via the Internet
Computer software, namely, downloadable computer software for word processing, computer software for document management, for database integration, for producing financial models, for use in database management
Computer software for authorizing access to databases
Computer software for creating searchable databases
Computer software for use in customer relationship management (CRM)
Computer software to automate data warehousing
Software that provides real-time, integrated business management intelligence by combining information from various databases and presenting it in an easy-to-understand user interface
Computer software, namely, communications software for connecting computer network users
Computer software for use in providing multiple user access to a global computer information network
E-commerce software to allow users to perform electronic business transactions via a global computer network
Computer software for controlling self-service terminals, for administration of computer networks, for administration of computer local area networks, for use in computer access control, for controlling and managing access server applications, for controlling and managing access server applications, for monitoring and controlling communication between computers and automated machine systems, to maintain and operate computer system, for providing access to the Internet
Computer software for processing digital images, for processing digital music files, for organizing and viewing digital images and photographs, for creating and editing music and sounds, for creating digital animation and special effects of images, for manipulating digital audio information for use in audio media applications, to enhance the audio-visual capabilities of multimedia applications, namely, for the integration of text, audio, graphics, still images and moving pictures
Computer games
Computer games downloadable from a global computer network
Computer games for use on mobile and cellular phones
Computer software, namely, computer software for encryption, computer software for running development programs and application programs in a common development environment, computer operating software, computer graphics software, computer anti-virus software, computer software for the creation of firewalls, computer software and firmware for operating system programs, computer aided design (CAD) software for general use, computer aided manufacturing (CAM) software for general use
Computer peripherals, namely, computer mice and mouse pads, computer stands, computer speakers, computer cables, computer card adapters, computer cases, and computer keyboards, joysticks and keypads
Interface cards for data processing equipment in the form of printed circuits
Computer networking hardware and data communications equipment, namely, electronic communications systems comprised of computer hardware for the transmission of data between two points, computer network adapters, switches, routers, and hubs
Computer memory devices, namely, flash memory cards, flash memory expansion modules, memory boards, random access memory cards and secure digital (SD) memory cards
Electronic control apparatus, namely, electronic controllers for computer hardware and peripherals excluding gaming apparatus, electric control panels, and computer terminals
Electronic circuits and printed electronic circuits
Electric wires for communication equipment
Graphite and fuel cell electrodes
Telephones
Radio, television and satellite aerials
Batteries, namely, electric storage batteries, galvanic batteries, general purpose batteries, solar batteries, and batteries for cell phones, watches and cameras
Microprocessors
Computer keyboards
Motion picture films about video recordings featuring music and artistic performances, education, entertainment, fashion, sports and culture.
The mark was filed in class 35 with following description of goods:
Provision of information and advisory services relating to e-commerce
Provision of information relating to market studies
Provision of market research information
Advertising and business management consultancy
Personnel recruitment
Personnel management consultancy
Advertising agency services
Advertising the goods and services of others
Procurement of contracts for the purchase and sale of goods and services
Advertising services for promoting the brokerage of stocks and other securities
Advertising services of a radio and television advertising agency
Negotiation of business contracts for others
Business management and organization consultancy
Computerized file management
Rental of advertising space
Rental of advertising space on the internet
Rental of office equipment
Rental of office machines and equipment
Market analysis and research
Marketing research
Computerized file management
Retail services, in relation to the following goods: Books, newsletters, magazines, pamphlets, and brochures, greeting cards, computer equipment, Computer software, Furniture, Foodstuffs, Jewellery, Food, Cosmetics, Playthings, Automobile parts, audio equipment.
The mark was filed in class 38 with following description of goods:
Telecommunication services, namely, internet access provider services and provision of telecommunication access to films and television programs provided via a video-on-demand service, wireless digital messaging services, electronic mail services through wired and wireless access, paging services, wireless digital messaging services, webcasting and podcasting of music, fashion shows and television programs, providing electronic message alerts via the internet, personal communication services
Communication services, namely, electronic transmission of voices, transmission of voice, visual images, digital audio and digital video by telecommunications networks, wireless communication networks, the Internet, information services networks and data networks
Telecommunication bundle services that allow customers to reach cellular phones, voicemail and call routing between wireline and wireless phones and voicemail boxes
Electronic transmission of images, photographs, graphic images and illustrations over a global computer network
Transmission of voice, visual images, digital audio and digital video by telecommunications networks, wireless communication networks, the Internet, information services networks and data networks
Broadcasting and transmission of television programs
Simulcasting broadcast television over global communication networks, the Internet and wireless networks
Video on demand transmissions
Providing access to digital music websites on the internet
Provision of access to the Internet
Provision of access to a global computer network
Video-on-demand transmission services
Satellite telephone transmission.
The mark was filed in class 41 with following description of goods:
Production of radio and television programmes
Film production
Educational research services
Education and training services, namely, providing classes, seminars, workshops in the fields of art, music and artistic performances, fashion, sports, culture, general human interest, film production, languages, science and technology, law
Law enforcement training services
Language training services
Entertainment services, namely, organizing, arranging, and hosting dancing, beer tasting and cosplay entertainment events, art shows and exhibitions, musical concerts and fashion shows
Presenting live musical performances
Film distribution
Providing television programmes, not downloadable, via video-on-demand transmission services
Arranging and conducting seminars in the field of art, music and artistic performances, fashion, sports, culture, general human interest, film production, languages, science and technology, law
Arranging and conducting educational congresses in the field of art, music and artistic performances, fashion, sports, culture, general human interest, film production, languages, science and technology, law
Publication of electronic books and journals on-line.