BlackBerry Limited has filed a notice of opposition before the Trademark Trial and Appeal Board against Qumulex Inc.’s application for the QX mark.
BlackBerry Limited argues that the trademark, QNX (the QNX Mark) has been in use since at least 1982 by BlackBerry, its predecessor-in-interest, and through its subsidiary, QNX Software Systems Inc to identify its goods and services, inter alia, computer/device/Internet security, and connectivity solutions; software development platforms and embedded software.
According to the opposition, Blackberry alleges that its QNX Mark is in Class 9, 16, 41, and 42 in connection with BlackBerry real-time operating systems, middleware, development tools, and professional services for connected embedded systems for developing.
Blackberry reportedly said that the applicant’s QX mark is in Class 9 and 42, covering “computer hardware and computer hardware systems for video surveillance” and “Platform as a service featuring computer software platform for accessing, configuring, managing, and controlling video surveillance” which would harm the registration of Blackberry.
BlackBerry alleges that the applicant QX mark is identical or highly similar to the QNX Mark in sight, sound, connotation, and overall commercial impression.
BlackBerry reportedly said that the similarity is likely to cause consumer confusion, mistake, or deception.
BlackBerry seeks for the opposition to be sustained and for Qumulex’s application to be refused.