The trademark TELLUS AUSTRIA was filed by Andreas Manak, a national of the Republic of Austria (the "Applicant"). The application was published for oppositions on December 3, 2000, and received one opposition filed on February 26, 2001 by null on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by Pohl, Manfred and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 26, 2001
The application was filed in German, and German 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:
Electric, electronic, optical, measuring, signalling, checking (supervision), or teaching apparatus and instruments (included in class 9)
Apparatus for recording, transmission, processing and reproduction of analogue or digital data
Machine-readable data carriers
Automatic vending machines and mechanisms for coin-operated apparatus
Data-processing equipment and computers
Telephone apparatus, mobile and radio telephones.
The mark was filed in class 16 with following description of goods:
Printed matter
Instructional and teaching material (except apparatus)
Office requisites (other than furniture).
The mark was filed in class 28 with Games and playthings and gymnastic and sporting articles, not included in other classes..
The mark was filed in class 35 with Advertising and Arranging advertising inserts in print and electronic media..
The mark was filed in class 36 with Financial affairs and real-estate affairs..
The mark was filed in class 37 with Building construction and installation, maintenance and repair of telecommunications equipment..
The mark was filed in class 38 with Telecommunications and rental of telecommunications equipment..
The mark was filed in class 41 with following description of goods:
Education
Training
Entertainment
Organisation of sporting and cultural activities
Publishing printed materials.
The mark was filed in class 42 with following description of goods:
Programming for electronic data processing
Making available of databases, in particular by leasing access time to and the operation of databases
Rental of data processing equipment and computers
Design and planning of telecommunications equipment.