The trademark PICKIT was filed by PicHit.Me AB, a corporation established under the laws of the Kingdom of Sweden (the "Applicant"). The application was published for oppositions on April 19, 2016, and received one opposition filed on July 19, 2016 by Drotax AG on Likelihood of confusion. the opponent was represented by NOERR ALICANTE IP, S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 19, 2016
The application was filed in Swedish, and Swedish 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:
Programs for computers
Computer programs [downloadable software]
Computer software applications, downloadable
Software for tablet computers
Computer application software for mobile telephones
All the aforesaid computer software products and computer software relating to digital images and photographs, but not in the field of factory automation and not relating to image processors and/or digital cameras
Computer software for organising and viewing digital images and photographs, but not in the field of factory automation
Computer programs for streaming or downloading music, images and photographs
Downloadable music files
Downloadable digital music
None of the aforementioned goods in relation to market and opinion research, price comparison service and/or shopping planning and optimization.
The mark was filed in class 35 with following description of goods:
Computerised file management
Retail services in the field of entertainment featuring pre-recorded musical and audio visual works, and music related electronic products provided via the internet and other electronic and communications networks
Retailing in the field of entertainment, namely musical works, images and photographs, provided via the internet and other computer and electronic communication networks
Marketing services
None of the aforementioned services in relation to market and opinion research, price comparison service and/or shopping planning and optimization.
The mark was filed in class 38 with following description of goods:
Access to content, websites and portals
Providing and arranging access to databases
Provision of access to Internet platforms for the purpose of exchanging digital photographs
Electronic transmission of images, photographs, graphic images and illustrations over a global computer network
Transmission of illustrations, images, text, photographs, games, user-generated content, audio content, and information via the internet
Electronic transmission and streaming of digital media content for others via global and local computer networks
None of the aforementioned services in relation to market and opinion research, price comparison service and/or shopping planning and optimization.
The mark was filed in class 41 with following description of goods:
Photography
Rental of photographic reproductions
On-line library services, namely, providing electronic library services which feature newspapers, magazines, photographs and pictures via an on-line computer network
Entertainment and education, namely providing of music, photographs and images
Music library services
Electronic library services
Electronic library services for the supply of electronic information (including archive information) in the form of text, audio and/or video information
None of the aforementioned services in relation to market and opinion research, price comparison service and/or shopping planning and optimization.