The trademark application pictory was filed by Timo Zikeli, a national of the Republic of Austria (the "Applicant") and Pictory GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on August 26, 2024, and still open for oppositions.
The application was filed in German (English was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer software
Data recorded electronically
Downloadable image files
Downloadable audio recordings in the field of computer and video gaming
Digital photo's
Databases (electronic)
Computer programmes for data processing
Data processing systems
Computer programmes for image processing
Software for operating an online shop
All of the aforesaid goods not intended for use in the pharmaceutical and medical field.
The mark was filed in class 35 with following description of goods:
Advertising
Advertising agency services
Mediation of advertising
Planning and placement of advertising, for others, including procurement of media space therefor
Arranging of advertising contracts and public relations contracts with the media
Public relations services
Public relations services
Providing of media services in the field of direct advertising and marketing, namely planning and procurement of media time and space, for others, for direct marketing/advertising
Digital and online advertising
The placement of advertising in the media
Organization of promotional campaigns and related consultancy services
Planning of advertising in the field of media
Publicity and marketing agency services
Creation, development and dissemination of advertising material, marketing material, sales promotion material and public relations material, including through direct mail, bulk mail, newspapers, radio, television, mobile devices, the internet and other interactive media
Loyalty, incentive and bonus program services
Development of advertising and marketing concepts
Loyalty scheme services
Customer loyalty services for commercial, promotional and/or advertising purposes
Sales promotion
Arranging advertising events
Marketing services
Merchandising
Presentation of companies on the Internet and other media
Good and service presentations
Sales promotion whether or not for others
Publicity
Marketing agency services
Brand marketing
Content marketing
Marketing by e-mail, telephone or direct mail
Interactive marketing
Social marketing
Trademarketing services
Mobile marketing
Promoting the goods and services of others via computer and communication networks
Preparation of advertisements
Preparation of advertising material
Design of advertising materials
Rental of all publicity and marketing presentation materials
Preparation of audio and/or visual displays for businesses
Marketing assistance
Provision of marketing reports
Planning, development and implementation of marketing strategies, including for others
Providing marketing consulting in the field of social media
Search engine marketing services
Marketing the goods and services of others
Television advertising
Radio advertising
Advertising on the Internet and on mobile services
Marketing
Distribution of products for advertising purposes
Distribution of advertising, marketing and promotional material
Production of advertising matter and commercials
Compilation of advertisements for use as web pages on the Internet
Computerised data processing
Data processing services [office functions]
Production of advertisements for radio, video, film, computers, internet web sites, television and mobile devices
Providing of advertising, including online via computer websites or through wireless transmission
Production of advertising, image and strategic films
Advertising by mail order
Price setting for goods and services
Business management and administration, for others
Advisory services relating to promotional activities
Consultancy and services in relation to business communications
Business consultancy and advisory services
Consultancy relating to advertising, advertisements, marketing, business marketing, marketing management and business affairs
Consultancy with regard to corporate image and corporate identity
Business assistance relating to corporate identity
Business consultancy in relation to corporate social responsibility
Development of communications campaigns and strategies in the field of public relations
Market analysis
Research and Information, in relation to the following fields: Commercial operations, Advertising and marketing
Compilation of market statistics, statistical analysis and compilation
Professional business analysis for creating communications concepts
Business management
Consultancy in the field of business management and organisation
Office functions
Consultancy in the field of public relations
Sponsorship search
Sponsorship search consultancy services
Promotional sponsorship
Providing of information and consultancy in relation to e-commerce
Consumer research and marketing studies
Customer research in relation to affective response (neuromarketing)
Opinion polling
Planning, optimisation and control of local and regional advertising campaigns in the context of national media planning, geomarketing, branch marketing, advertising mail and geotargeting
Analysis of information relating to consumer opinions and behaviour collected in the context of marketing and advertising studies
Statistical evaluations of marketing data
Advertising and marketing consultancy in relation to distribution channel strategies
Services in connection with point of sale advertising
Brand creation services
Brand evaluation services
Brand positioning services
Brand testing
Brand strategy services
Professional business consultancy in the field of brand communications
Marketing for and organisation of advertising events
Event marketing
Consultancy in relation to marketing, design and management of events for commercial, sales promotion and advertising purposes
Providing of commercial and sales promotion information, including online from a computer database or the internet
Compilation and systemisation of data and information into computer databases
Computerised updating and maintenance of data in computer databases
Recording, evaluation, processing, management and maintenance of data in databases, including computerised
Exchanging of name and address lists for advertising purposes
Trade fairs and exhibitions
Organisation of trade fairs for commercial purposes
Development of trade fair concepts
Arranging and conducting of business events, media events and events for promotional, advertising and business purposes
Sponsorship for corporate and brand communications
Arranging of advertising, sponsorship and promotional agreements, for others
Compilation of business statistics
Advertising, marketing and promotional services
Promotion, advertising and marketing of on-line websites
Consultancy services relating to advertising, publicity and marketing
Advertising, marketing and promotional consultancy, advisory and assistance services
Bill presentment services.
The mark was filed in class 40 with following description of goods:
Printing, and photographic and cinematographic development
Photographic processing
Custom manufacture and assembly services, namely 3D reproduction services
3D reproduction services
Custom 3D printing for others.
The mark was filed in class 41 with following description of goods:
Educational instruction
Sporting and cultural activities
Coaching [training]
Coaching in economic and management matters
Instructional and training services
Provision of training courses
Arranging and conducting of training seminars
Arranging and conducting of training courses
Arranging and conducting of training courses
Arranging and conducting of workshops [training]
Organisation and conducting of training courses
Arranging and conducting of training measures, training courses and training seminars for customers and sales personnel
Practical training [demonstration]
Training in the field of professional skills
Conducting of courses for companies for the purposes of skills development
Hire of teaching materials
Arranging and conducting of exhibitions, events, workshops, concerts, cultural, sporting and artistic events
Consultancy in connection with exhibitions, events, workshops, concerts, cultural, sporting and artistic events
Entertainment, in particular radio and television entertainment
Production, playing and rental of sound and image recordings
Production of record masters
Production and Designing, in relation to the followings fields: Image recordings, radio and television programs
Publishing and Publication, in relation to the following goods: books, Newspapers, Magazines, catalogs, Brochures, prospectuses and other printed matter, Also in electronic form
Publishing services, in relation to the following goods: books, newspapers, periodicals, of catalogues, of brochures, prospectuses and other printed matter, Relevant electronic media
Electronic desktop publishing
Editing websites, namely editing texts and presentations for publication on the Internet.
The mark was filed in class 42 with following description of goods:
IT services
IT security, protection and restoration
Rental of software
IT consultancy, advisory and information services
Computer software programming services
Software engineering
Hosting a website for the electronic storage of digital photographs and videos
Hosting web portals
Hosting websites on the Internet
Hosting of digital content
Hosting computer sites [web sites]
Hosting the computer sites (web sites) of others
Hosting of digital content on the Internet
Hosting web sites
Cloud hosting provider services
Hosting services, software as a service, and rental of software
Creating, maintaining and hosting the websites of others
Hosting an online website for creating and hosting micro websites for businesses
Software development, programming and implementation
Digital watermarking
Design services
Visual design
Computer aided design services
Commercial design services
Design of goods, products and packaging
Research and development of new products, for others
Design of shops and shop fittings
Design of typefaces
Brochure design
Design services relating to the publication of documents
Services relating to window dressing and window graphics
Creation of design drafts
Design of display systems for advertising and presentation purposes
Shopfitting design consultancy services
Animation design for others
Design of exhibition stands
Design of retail outlets (points of sale)
Design of graphics and of livery for corporate identity
Design of logos for corporate identity
Design of brands and brand names
Web site design services, Web site design, Creation of websites, Design of home pages, Design of homepages, Drawing up home pages, Design of computer databases, Design of computer databases, Compilation of computerised data banks
Consultancy in the field of graphic design for corporate image (corporate design)
Digital image processing (graphic design)
Rendering, namely Rendering of computer graphics (digital imaging services)