The trademark AWAKE was filed by AWAKE.AI Oy, a corporation established under the laws of the Republic of Finland (the "Applicant"). The application was published for oppositions on April 21, 2021, and received one opposition filed on July 21, 2021 by Ride Awake AB on Likelihood of confusion. the opponent was represented by ADVOKATBYRÅN GULLIKSSON AB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 21, 2021
The application was filed in Finnish, and Finnish was also language of all opposition proceedings (English was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on July 1, 2021. Change of name and professional address of the trademark registration was recorded on October 26, 2021.
The Refusal with reference B 018190821 was partially rejected according to Article 7(1)(b) EUTMR with decision issued on September 7, 2020 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer systems, Software, Software applications, Mobile apps and Computer databases In the following fields: control and management of cargo handling machines and equipment
Computer systems, Software, Software applications, Mobile apps and Computer databases In the following fields: unloading and loading of cargo
Logistics software
Measuring devices
Data storage devices
Recorded content
Electronic data carriers
Electronic instructional and teaching apparatus and instruments
Communications equipment
Data loggers and recorders
Display devices, television receivers and film and video devices
Audiovisual, multimedia and photographic apparatus
Image scanners
Temperature measuring instruments
Testing and quality control devices.
The mark was filed in class 35 with following description of goods:
Administrative data processing
Business consultancy and advisory services
Business assistance, management and administrative services
Business analysis, research and information services
Collection and systematization of business data
Arranging of commercial and business contacts
Procurement of contracts for the purchase and sale of goods and services
Online business networking services
Commercial intermediation services
Business management services relating to electronic commerce
Clerical services
Loyalty, incentive and bonus program services
Accountancy, book keeping and auditing
Invoicing
Document preparation
Preparation and compilation of business and commercial reports and information
Statistical analysis and reporting
Advertising, marketing and promotional consultancy, advisory and assistance services
Advertising, marketing and promotional services
Market analysis and research
Provision of an online marketplace for buyers and sellers of goods and services
Administration of the business affairs of franchises
Provision of assistance [business] in the operation of franchises
Wholesaling, retailing and online retailing relating to the following goods: computer systems, computer software, software applications, mobile applications and databases for the control and management of cargo handling machines and equipment
Wholesaling, retailing and online retailing relating to the following goods: computer systems, computer software, software applications, mobile applications and databases for the unloading and loading of cargo
Wholesaling and retail, Online retailing, In relation to the following goods: Measuring instrumentation, Apparatus for data storage
Wholesaling, retailing and online retailing, In relation to the following goods: records, electronic media, electronic instructional and teaching apparatus and instruments, instruments for communications, Data collection devices (data loggers) and recorders, display units, Television receivers and cinema and video apparatus
Wholesaling and retail, Online retailing, In relation to the following goods: audio-visual apparatus, Multimedia and photographic apparatus, scanners, Temperature measuring instruments, Testing and quality control apparatus.
The mark was filed in class 38 with following description of goods:
Telecommunications services relating to the control, monitoring, supervision and management of cargo handling machines and equipment
Telecommunications services relating to the unloading and loading of cargo
Telecommunication services provided via Internet platforms and portals
Providing access to electronic communications networks and electronic databases
Interactive broadcasting and communications services
Network transmission of sounds, images, signals and data
Provision of access to an electronic on-line network for information retrieval
Telecommunication services
Information services relating to electronic communication networks
Providing chat lines utilising the internet
Electronic communication by means of chatrooms, chat lines and Internet forums
Access to content, websites and portals
Provision of access to data or documents stored electronically in central files for remote consultation
Communications services
Advisory and consultancy services relating to wireless communications and wireless communications equipment
Rental of communications systems
Provision and rental of telecommunications facilities and equipment
Providing access to and leasing access time to computer databases.
The mark was filed in class 39 with following description of goods:
Control and management of cargo handling machines and equipment
Loading and unloading of freight
Storage logistics
Advisory services relating to the handling of goods
Packaging and storage of goods
Mail delivery and courier services.
The mark was filed in class 42 with following description of goods:
Software as a service [SaaS] and Programming platforms as a service (PaaS) In the following fields: control and management of cargo handling machines and equipment
Software as a service [SaaS] and Programming platforms as a service (PaaS) In the following fields: unloading and loading of cargo
Digital asset management
Hosting online facilities for conducting interactive discussions
Hosting online web facilities for others for conducting interactive discussions
IT consultancy, advisory and information services
Data duplication and conversion services, data coding services