The trademark PePs was filed by PAUL WURTH S.A., a corporation established under the laws of the Grand Duchy of Luxembourg (the "Applicant"). The application was published for oppositions on July 4, 2004, and received one opposition filed on October 4, 2004 by PEP'S RECORDS, S. L. on Likelihood of confusion. the opponent was represented by ELZABURU, S.L.P. and proceedings were handled in French, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 4, 2004
The application was filed in German, and German was also language of all opposition proceedings (French was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Data-processing equipment and computers
Computer operating programs (recorded)
Recorded computer programs
Computer software
Computer programs (downloadable)
Computer peripheral devices
Electronic display boards
Data processing equipment couplers
Magnetic data carriers
Optical data carriers
Computer programs for the registering and processing of tenders
All goods not in connection with the music sector.
The mark was filed in class 35 with following description of goods:
Advertising
On line advertising on a computer network
Business administration
Business management services
Research in computer files (for third parties)
Business research
Business organisation consultancy
Business management assistance
Preparation of statements of accounts
Word processing
Statistical information
Systematic ordering of files in computer databases
Business appraisals
Collating of data
Computerized file management
Submitting of tenders
Acceptance of tenders.
The mark was filed in class 36 with following description of goods:
Financial affairs
Monetary affairs
Financial consulting services
Evaluation of tenders
Clearing-houses (foreign exchange)
Electronic funds transfers.
The mark was filed in class 42 with following description of goods:
Software design and software development
Updating of computer software
Consultancy in the field of computers
Installation, recovery, updating of computer programs
Computer software rental
Maintenance of computer software
Systems analysis
Computer programming
Computer software design and computer system design
Conversion of computer programmes and data (other than physical alteration)
Duplication of computer programs
Computer software design
Design and development of computer software for the registering and processing of tenders
Design and development of computer software for the registering and processing of tenders in the field of engineering
Design and development of computer software for the registering and processing of tenders for the development of technical projects.