Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA1003792
`09/23/2019
`
`ESTTA Tracking number:
`
`Filing date:
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Notice of Opposition
`
`Notice is hereby given that the following party opposes registration of the indicated application.
`
`Opposer Information
`
`Name
`
`Megaport (Services) Pty Ltd
`
`Granted to Date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`11/06/2019
`
`825 ANN STREET LEVEL 4
`FORTITUDE VALLEY, 4006
`AUSTRALIA
`
`THEODORE R. REMAKLUS
`WOOD, HERRON & EVANS, L.L.P.
`441 VINE STREET 2700 CAREW TOWER
`CINCINNATI, OH 45202
`UNITED STATES
`tremaklus@whe-law.com
`5132412324
`
`Applicant Information
`
`Application No
`
`88298872
`
`Publication date
`
`07/09/2019
`
`Opposition Filing
`Date
`
`Applicant
`
`09/23/2019
`
`Opposition Peri-
`od Ends
`
`11/06/2019
`
`GIGAFY, LLC
`3824 Cedar Springs Rd #801-4173
`Dallas, TX 75219
`UNITED STATES
`
`Goods/Services Affected by Opposition
`
`Class 009. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Downloadable computer software for man-
`aging a wireless network, namely, software allowing businesses and landlords to provide services to
`its customers and residents
`
`Class 042. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Information technology consulting services,
`namely, consulting with businesses and landlords to provide services to itscustomers and residents
`through use of technology; Providing on-line non-downloadable software which enables the owner of
`a wireless network to control access to the network and collect fees for use of the network
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`

`

`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`
`5148547
`
`Registration Date
`
`02/28/2017
`
`Application Date
`
`11/03/2015
`
`Foreign Priority
`Date
`
`07/09/2015
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`MEGAPORT ELASTIC CONNECTIVITY
`
`NONE
`
`Class 038. First use: First Use: 0 First Use In Commerce: 0
`Telecommunications, namely, communication of data by means of metro Ether-
`net and internet exchange services; ISP services namely Internet access ser-
`vices; web portal services, namely, providing user access to a global computer
`network; providing access to fixed line and mobile communications networks;
`communication byfibre optic networks; computer network communication ser-
`vices, namely, providing private and secure real time electronic communications
`over a computer network; digital network telecommunications services; IP tele-
`phony; electronic transmission of data, text, images, sounds and video; provi-
`sion of digital content by telecommunications, namely, provision of access to a
`global computer network; providing electronic transmission of digitalcontent by
`telecommunications networks;provision of access to wireless application pro-
`tocol services (WAP) including those utilising a secure communications channel;
`providing telecommunication connections to a value-added network (VAN) ser-
`vices; providing telecommunication connections to a wide area network (WAN)
`services; providing telecommunication connections to a local area network
`(LAN) services; provision of access to the internet via wireless hotspots; provid-
`ing telecommunication connections to a metropolitan area network (MAN) ser-
`vices; communication by computer terminals; communication of data by means
`of wide area networks (WAN); data transmission services over telecommunica-
`tions networks; fibre optic telecommunications services; hire rental of telecom-
`munications installations, namely, telecommunications apparatus and facilities;
`operation of telecommunications systems; operation of wide-band telecommu-
`nications networks; optical fibre telecommunications services; providingtelecom-
`munications connections to a global computer network; leasing of telecommu-
`nication facilities; telecommunications routing and junction services; telecommu-
`nications services, namely electronic data transmission; advisory, consultancy-
`and information services in relation tothe aforesaid services, including the provi-
`sion of the aforesaid services online via a website, the internet or other com-
`puter networks and/or accessible by mobile phone and other internet-enabled
`devices; rental and leasing of telecommunications equipment and apparatus for
`assisting in the provision of the aforementioned services
`Class 042. First use: First Use: 0 First Use In Commerce: 0
`Scientific and technological services and research and design relating
`thereto,namely, scientific research, technological research and design in the
`field of telecommunications, electronic data transmission, and computer net-
`working; industrial analysis and research services in the field of telecommunica-
`tions, electronic data transmission and computer networking; design and devel-
`opment of computer hardware and software; computer network configuration
`services; development, maintenance and updating of a telecommunications net-
`work search engine; design and development of computer and communication
`networks; design of communications apparatus; design of communication sys-
`tems for transmission and reception of voice, data and video; installation and
`maintenance of computer software, middlewareand firmware; providing tempor-
`ary use of non-downloadable web-based applications for telecommunications,
`electronic data transmission, and computer networking;information technology
`
`

`

`services, namely, computer hardware, software and peripherals design and
`technical consultancy related thereto; provision of informationrelating to informa-
`tion technology; computer programming advisory services; cloud computing fea-
`turing software for use in telecommunications, electronic data transmission, and
`computer networking; consulting services in the field of cloud computing; cloud
`computing, namely, providing virtual computer systems and virtual computer en-
`vironments through cloud computing; software as a service (SAAS) services fea-
`turing software for telecommunications, electronic data transmission,and com-
`puter networking; cloud computing services, namely, cloud hosting provider ser-
`vices; cloud computing services, namely, computing resources delivered as a
`service over a network in the nature of non-downloadable software for use in
`database management, for use as spreadsheet, for word processing; infrastruc-
`ture as a service, namely, providing third party users with access to telecommu-
`nication infrastructure; unified communications as a service (UCAAS), namely,
`planningand development of electronic communications networks; IT as a ser-
`vice, namely,planning, designing and management of information technology
`systems; network as a service (NAAS), namely, integration of computer software
`into multiple systems and networks; hosting of software as a service (SAAS),
`namely, hosting computer software applications of others; storage as a service
`(STAAS), namely, electronic data storage; security as a service(SECAAS),
`namely, computer hard drive erasure, design and development of electronic
`data systems; data as a service, namely, data warehousing and data migration;
`test environment as a service (TEAAS), namely, testing of computer software;
`API as a service (APIAAS), namely, providing an interactive web site featuring
`technology that allows users to consolidate and manage social networks, ac-
`counts,and connections to existing and emerging application programming inter-
`faces; advisory, consultancy and information services in relation to the aforesaid
`services, including the provision of the aforesaid services online via a website,
`the internet or other computer networks and/or accessible by mobile phone and
`other internet-enabled devices, namely, information technology consultancy,
`telecommunications information technology consultancy, electronic data trans-
`mission technology consultancy and computer networkingconsultancy; rental
`and leasing of goods for assisting in the provision of the aforementioned ser-
`vices, namely, computer hardware, computer software, and webservers; con-
`sulting services in the field of software as a service (SAAS); telecommunications
`data security services, namely, design and development of electronicdata secur-
`ity systems, updating of computer software relating to computer security, and
`prevention of computer risks
`
`U.S. Registration
`No.
`
`5193317
`
`Registration Date
`
`05/02/2017
`
`Word Mark
`
`Design Mark
`
`MEGAPORT
`
`Application Date
`
`11/07/2014
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 038. First use: First Use: 0 First Use In Commerce: 0
`Telecommunications services, namely, communication of data by means of
`metro Ethernet and internet exchange services; ISP services, namely, providing
`Internet access services; web portal services, namely, providing multiple user
`access to a global computer network; providing access to fixed line and mobile
`communications networks; communication by fibre optic networks; computer
`network communication service, namely, information and data transmission ser-
`
`

`

`vices; digital networktelecommunications services; voice overIP telephony ser-
`vices; electronic transmission of data, text, images, sounds and/or video; provid-
`ing electronic transmission of digital content by telecommunications networks;
`providing wireless application protocol services (WAP) over a mobile wireless
`network; providing telecommunication connection to a value-added network
`(VAN); providing telecommunication connections to a wide area network (WAN);
`providing telecommunication connections to a local area network (LAN); provi-
`sion of access to the internet via wireless hotspots; providing telecommunication
`connections to a metropolitan area network (MAN); communication by computer
`terminals; providing consultation in the field of and information services in rela-
`tion to the aforesaid services, namely,provision of the aforesaid information ser-
`vices online via a website, the internet or other computer networks, accessible
`by computers, mobile phone and other internet-enabled devices
`
`U.S. Registration
`No.
`
`5193324
`
`Registration Date
`
`05/02/2017
`
`Word Mark
`
`Design Mark
`
`MEGAPORT
`
`Application Date
`
`04/28/2015
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 042. First use: First Use: 0 First Use In Commerce: 0
`Scientific and technological services and research and design relating
`thereto,namely, scientific research, technological research and design in the
`field of telecommunications, electronic data transmission, and computer net-
`working; industrial analysis and research services in the field of telecommunica-
`tions, electronic data transmission and computer networking; computer network
`configuration services; development, maintenance and updating of a telecom-
`munications network search engine; providing temporary use of non-
`downloadable web-based applications for telecommunications, electronic data
`transmission, and computer networking; compilation of information relating to in-
`formation technology; advisory, consultancy and information services in rela-
`tionto the aforesaid services, including the provision of the aforesaid services
`online via a website, the internet or other computer networks and/or accessible
`bymobile phone and other internet-enableddevices, namely, information techno-
`logyconsultancy, telecommunications consultancy, electronic data transmission
`consultancy and computer networking consultancy
`
`U.S. Registration
`No.
`
`5206695
`
`Registration Date
`
`05/23/2017
`
`Application Date
`
`12/10/2014
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`MEGAPORT OPEN ALLIANCE
`
`NONE
`
`Class 038. First use: First Use: 0 First Use In Commerce: 0
`Telecommunications, namely, communication of data by means of metro Ether-
`net and internet exchange services; ISP services including Internet access ser-
`vices; web portal services, namely providing user access to a global computer
`network; providing access to fixed line and mobilecommunications networks;
`
`

`

`communication by fibre optic networks; computer network communication ser-
`vices; digital network telecommunications services; IP telephony; electronic
`transmission of data, text, images, sounds and/or video; provision of digital con-
`tent by telecommunications providing electronic transmission ofdigital content by
`telecommunications networks; provision of access to wirelessapplication pro-
`tocol services (WAP) including those utilising a secure communications channel;
`providing telecommunication connections to a value-added network(VAN) ser-
`vices; providing telecommunication connections to a wide area network (WAN)
`services; providing telecommunication connections to a local area network
`(LAN) services; provision of access to the internet via wireless hotspots; provid-
`ing telecommunication connections to a metropolitan area network (MAN) ser-
`vices; communication by computer terminals; communication of data by means
`of wide area networks (WAN); data transmission services over telecommunica-
`tions networks; digital network telecommunications services; fibre optic telecom-
`munications services; hire rental of telecommunications installations; optical
`fibre telecommunications services; providing telecommunications connections to
`a global computer network; provision of telecommunication facilities; telecommu-
`nication services, namely providing switching network switching services; tele-
`communications routing and junction services; telecommunications services; ad-
`visory, consultancy and information services in relation to the aforesaid services,
`including the provision of the aforesaid services online viaa website, the internet
`or other computer networks and/or accessible by mobile phone and other inter-
`net-enabled devices; rental and leasing of telecommunications equipment and
`apparatus for assistingin the provision of the aforementioned services
`
`U.S. Registration
`No.
`
`5273259
`
`Registration Date
`
`08/29/2017
`
`Application Date
`
`11/03/2015
`
`Foreign Priority
`Date
`
`10/13/2015
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`MEGAPORT VIRTUAL CROSS CONNECT
`
`NONE
`
`Class 038. First use: First Use: 0 First Use In Commerce: 0
`Telecommunications, namely, communication of data by means of metro ether-
`net and internet exchange services; ISP services, namely, internet access ser-
`vices; web portal services, namely, providing user access to a global computer
`network; providing access to fixed line and mobilecommunications networks;
`communication by fibre optic networks; computer network communication ser-
`vices; digital network telecommunications services; IP telephony; electronic
`transmission of data, text, images, sounds and video; provision of digital content
`by telecommunications, namely, provision of access to a global computer net-
`work; providing electronictransmission of digital content by telecommunications
`networks; provision of access to wireless application protocol services (WAP) in-
`cluding those utilising asecure communications channel; providing telecommu-
`nication connections to a value-added network (VAN) services; providing tele-
`communication connections to a wide area network (WAN) services; providing
`telecommunication connections to a local area network (LAN) services; provi-
`sion of access to the internet via wirelesshotspots; providing telecommunication
`connections to a metropolitan area network (MAN) services; communication by
`computer terminals; communication of data by means of wide area networks
`(WAN); data transmission services over telecommunications networks; fibre op-
`tic telecommunications services; hire rental of telecommunications apparatus
`and facilities; operation of telecommunications systems; operation of wide-band
`telecommunications networks; optical fibre telecommunications services; provid-
`ing telecommunications connections to a global computer network; leasing of
`telecommunication facilities; telecommunication services, namely,providing net-
`
`

`

`work switching services, namely, data communications services, data transports
`services, and virtual leased line services; telecommunications routing and junc-
`tion services; telecommunications services, namely, electronic data transmis-
`sion; advisory, consultancy and information services in relation to the aforesaid
`services, including the provision of the aforesaid services online viaa website,
`the internet or other computer networks and/or accessible by mobile phone and
`other internet-enabled devices; rental and leasing of telecommunications equip-
`ment and apparatus for assistingin the provision of the aforementioned services
`
`U.S. Registration
`No.
`
`5809663
`
`Registration Date
`
`07/23/2019
`
`Application Date
`
`06/29/2018
`
`Foreign Priority
`Date
`
`01/17/2018
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`MEGAPORT CLOUD ROUTER
`
`NONE
`
`Class 038. First use: First Use: 0 First Use In Commerce: 0
`Telecommunications services, namely, transmission and delivery of data via eth-
`ernet and internet exchange services; internet service provider (ISP) services in-
`cluding internet access provider services; web portal services, namely, providing
`user access to a global computer network; providing access to telecommunica-
`tion networks, namely, fixed line and mobile communications networks; commu-
`nicationby fibre optic networks; computer network communication services,
`namely, providing private and secure real time electronic communication over a
`computer network; digital network telecommunications services; internet tele-
`phony services, namely, internet provider telephony services; electronic trans-
`mission of data, text, images, sounds and video; provision of digital content by
`telecommunications,namely, provision of access to a globalcomputer network;
`providing electronic transmission of digital content, namely,digital music, satellite
`images by telecommunications networks; providing access to the internet,
`namely, wireless application protocol services including those utilizing a secure
`communications channel; providing access to the internet, namely, providing
`telecommunication connections to a value-added network (van) services; provid-
`ing access to the internet, namely, providing telecommunication connections to
`a wide area network (wan); providing access to the internet, namely, providing
`telecommunication connections to a local area network (lan) services; providing
`access to the internet, namely, providing telecommunication connections to a
`metropolitan area network (man); communications services, namely, transmis-
`sion of data via telecommunications networks in the nature of wide area net-
`works (wan); data transmission services over telecommunications networks;
`telecommunication services, namely, providing fiber optic network services; rent-
`al of telecommunications installations, namely, telecommunications apparatus
`and facilities; operation of telecommunications systems for others, namely,
`providing telecommunications connections to a global computer network; opera-
`tion of wide-band telecommunications networks for others, namely, providing
`telecommunications connections to a global computer network; telecommunica-
`tion services, namely, communication via optical fibre networks; providing tele-
`communications connections to a global computer network; leasing of telecom-
`munication facilities; telecommunications routing and junction services; telecom-
`munications services, namely, electronic data transmission; advisory and con-
`sultancy services in relation to all ofthe foregoing services, including advisory
`and consultancy in relation to all the foregoing online via a website, the internet
`or other computer networks, as well as advisory and consultancy in relation to all
`of the foregoing services which may be accessible by mobile phone andother in-
`ternet-enabled devices; rental and leasing of telecommunications equipment
`and apparatus for assisting in the provision of the aforementioned; audiovisual
`
`

`

`transmission services namely, transmission of audio visual images via a global
`computer network or the internet; broadcast transmission by satellite; broadcast-
`ing of recorded messages and information provided via cable television, televi-
`sion, radio programs; transmission of information, including information provided
`via recorded messages, namely, information transmission via electronic commu-
`nications networks; broadcasting of cabletelevision, cable radio programs; cab-
`letelevision and cable radio transmission; communication network consultancy;
`wireless broadband communication services; satellite communication services
`betweendata banks; communication of data, namely, transfer of data, by means
`of telecommunications; communication services forthe electronic transmission of
`data; communication services for the electronic transmission of images; commu-
`nication services for the electronic transmission of voices; communication ser-
`vices for theelectronic transmission of information;communication services for
`the transmission of information by electronic means;communications by fibre op-
`tic networks;communications consultancy; communications services, namely,
`providing access to a data-base; communications services, namely, electronic
`exchange of data stored in databases accessible via telecommunication net-
`works; computer aided transmission of messages and images; computer com-
`munications for the transmission of information; computer data transmission ser-
`vices; computer transmission services,namely, the electronic transmission of in-
`formation, data, video; computerized data communications services, namely,
`telecommunications services in the nature of wireless broadband communica-
`tions services for the transmission of data; consultancy in the field of communic-
`ations; consultancy in the field of data communications; consultancy in the field
`of telecommunications; electronic transmission of data by television and video
`broadcasting; data communication by electronic means, namely, electronic
`transmission ofdata; data communication services, namely, electronic transmis-
`sion of data; electronic data transmission; data transmission by electronic mail;
`electronic datatransmission for others; digital transmission services, namely,
`electronic transmission of data, information, voice; electronic communication
`services for the transmission of data; electronic communications consultancy;
`electronic communications services for the transmission of data; electronic data
`communications services, namely, electronic transmission of data; electronic
`data exchange services, namely, electronic exchange of data stored in data-
`bases accessible via telecommunication networks; electronic data interchange
`services; electronic transmission of information, namely, instructionsin electronic
`document form; electronicmessage transmission; electronic transmission of
`data, namely, uploading, posting and displaying data, information, pictures, im-
`ages, audio and/or video via online forums; electronic transmission of data; elec-
`tronic transmission of documents; electronic transmission of images; electronic
`transmission of information; electronic transmission of messages; electronic
`transmission of voices; electronic transmission of written communications; fac-
`simile transmission; internet portal services, namely, providing user access to a
`global computer network; telecommunications services, namely, electronic data
`transmission in the nature of message transmission; provision of electronicdata
`links containing data or documentsstored electronically in central files for remote
`consultation, namely, providing access to databases; provision of telecommunic-
`ations facilities for radio receiving and radio transmission, namely, leasing of ra-
`dio broadcasting facilities;electronic remote transmission of data by means of
`telecommunications; rental of telecommunications apparatus, namely, data com-
`munications apparatus; rental oftelecommunications equipment, namely, data
`communications equipment; rental of telecommunications installations, namely,
`data communications installations; rental of telecommunications apparatus,
`namely, radio transmission apparatus; electronic transmission of data, namely,
`transmitting news information; sound transmission via satellite; streaming of
`data; telecommunications consultancy; telecommunications services for the dis-
`tributionof data via a global computer network or the internet; transmission of
`computerised data; electronic transmission of data by audio-visual apparatus;
`electronictransmission of data by cable; transmission of data by computer; trans-
`mission of data by electronic means; transmissionof data by radio; transmission
`
`

`

`of data by radio paging; telecommunications services, namely, routing calls to
`local third-party taxi-cab dispatchers in the vicinity of the caller by electronic
`means;electronic transmission of voice and messages, namely, calls to and from
`dispatchers; transmission of digital files; transmission of digital media files;
`transmission of documents by facsimile; transmission of electronic mail; elec-
`tronic transmission of data, namely, transmission of global positioning signals for
`navigation purposes; transmission of information by computer; transmission of
`information by electronic means; transmission of information by radio; transmis-
`sion ofinformation by telephone; electronic transmission of information on a wide
`range of topics, via online and over a global computer network; transmission of
`messages by computer; transmission of messages by telephone; transmission
`of pictures by satellite; transmission of radio programmes; transmission of sound
`by electronic means; transmission of sound by satellite; telecommunication ser-
`vices, namely, local and long distance transmission of voice by means of tele-
`phone; transmission of video films; video transmission services; voice transmis-
`sion services
`Class 042. First use: First Use: 0 First Use In Commerce: 0
`Scientific and technological services and research and design relating
`thereto,namely, scientific research, technological research and design in the
`field of telecommunications technology, electronic data transmission, and com-
`puter networks for others; scientific and technological services, namely, design
`of telecommunications apparatus and equipment, design of telecommunications
`apparatus and equipment in the nature of electronic data transmission apparat-
`us and equipment, and design of computer networks; research services in the
`field of telecommunications technology, electronic data transmission and com-
`puter networking hardware and software; design and development of computer
`hardware and software; computernetwork configuration services; development,
`maintenance and updating of a telecommunications network search engine;
`design of computers; computer hardware development; computer software
`design and development; computer hardware design; design and development
`of computer communication networks for others; design of communication sys-
`tems for transmission andreception of voice, data and video; installation and
`maintenance of computer software, middleware and firmware; providing tempor-
`ary use of non-downloadable web-based applications for transmission of data in
`the fields of telecommunications, electronic data transmission, and computer
`networking; information technology services, namely, computer hardware, soft-
`ware and peripherals design and technical consultancy related thereto; provision
`of information in the field of information technology; computer programming ad-
`visory services relating to computer programming; cloud computing featuring
`software for transmission of data in the fields of telecommunications, electronic
`data transmission, and computer networking; consulting services in the field of
`cloud computing; cloud computing, namely, providing virtual computer systems
`and virtual computer environments through cloud computing; software as a ser-
`vice (saas) services featuring software for transmission of data in the fields of
`telecommunications, electronic data transmission, and computer networking;
`cloud computing services, namely, cloud hosting provider services; cloud com-
`puting services,in the nature of providing computing resources which are de-
`livered as a service, over a network, namely, software as a service (saas) ser-
`vices featuring software for use in database management, for use as a spread-
`sheet, for word processing; cloud computing services in the name of infrastruc-
`ture as a service (iaas), namely, providing remotely accessible server computer
`hardware and computer software platforms for it infrastructure in the nature of
`providing a web hosting platform for use in database management; cloud com-
`puting services, namely, platform as a service (paas) featuring computer soft-
`ware platforms for use in database management, for use as a spreadsheet, for
`word processing; unified communications as a service (ucaas), namely, planning
`and development of electronic networks; cloud computing services, namely, in-
`formation technology as a service (itaas), namely, planning, design and man-
`agement ofinformation technology systems; networkas a service (naas), namely,
`
`

`

`integration of computer software into multiple systems and networks; hosting of
`software in the nature of application service provider, namely, hosting computer
`application software of others; hosting computer application software of others
`on a virtual private server; storage as a service(staas), namely, electronic data
`storage; security as a service (secaas), namely, computer hard drive erasing,
`design and development of electronic data security systems; telecommunica-
`tions as a service (taas), namely, design of telecommunications apparatus and
`equipment, development, maintenance and updating of a telecommunication
`network search engine; data as a service (daas), namely, data warehousing,
`data migration; cloud computing services, namely, test environment as aservice
`(teaas), namely, testing of computer software; computing services, namely,
`desktop virtualization, namely, providing temporary use of non-
`downloadableoperating system software online for operating a virtual computer;
`cloud computing services, namely, api as a service (apiaas), namely, hosting an
`interactive web site featuring technology that allows users to consolidate and
`manage network accounts, and connections to existing and emerging applica-
`tion programming interfaces; cloud computing services, namely, software as a
`service (saas) featuring non-downloadable software for backing up business
`data stored in third party applications and on storage platforms; cloud computing
`services, namely, softwareas a service (saas), featuring non-downloadable soft-
`ware for providing server-side functionality to provide backend services; cloud
`computing services, namely,software as a service (saas), featuringnon-down-
`loadable software for backend cloud computing and storage services, namely,
`data synchronization, data storage,push notification, data modeling, data scal-
`ing, and access and user management and control; advisory and consultancy
`services, namely, advisory and consultancyservices provided in direct connec-
`tion with the aforementioned services including advisory and consultancy ser-
`vices in connection with the aforesaid services as they are provided online via a
`website, the internet or other computer networks and/or accessible via mobile
`phone andother internet-enabled devices, namely,information technology con-
`sultancy, telecommunications information technology consultancy, electronic
`data transmissiontechnology consultancy and computer networking design con-
`sultancy; rental and leasing of goods for assisting in the provision of the afore-
`mentioned services, namely, computer software, webservers forthe electronic
`storage of data on the internet; consulting services in the field of software as a
`service (saas); advisory services relating to computer software, namely, com-
`puter software design anddevelopment advice; off-site data back-up performed
`by copying data; cloud computing featuring software for use in database man-
`agement, for use as a spreadsheet, for word processing; compilation of data-
`processing programs, namely, writingof data processing programs, development
`of data processing programs by order of third parties; computer consultancy re-
`garding the maintenance and updating of computer software; computer engin-
`eering consultancy services; computer programmin