The trademark INCUBED BIM Services was filed by David Bähre, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on June 4, 2020, and received one opposition filed on August 9, 2020 by incubed IT GmbH on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by LIKAR Rechtsanwälte GmbH and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 9, 2020
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on December 10, 2020. Change of name and professional address of the trademark registration was recorded on June 7, 2022.
Goods And Services
The mark was filed in class 9 with following description of goods:
Simulation software in the fields of construction and engineering
Software in the fields of construction and engineering
Hardware for use in the fields of construction and engineering
3D software for use in the fields of construction and engineering
Computer programs for project management for use in the fields of construction and engineering
Software for the planning, execution and management of construction works and buildings.
The mark was filed in class 35 with Business project management in the fields of construction and engineering and Business project management services for construction projects..
The mark was filed in class 37 with following description of goods:
Construction project management services
Building consultancy
Building construction supervision.
The mark was filed in class 41 with following description of goods:
Training services in the field of project management for construction and engineering projects
CAD training in the fields of construction and engineering
Building information modelling (BIM) training.
The mark was filed in class 42 with following description of goods:
Civil engineering design, planning, execution and management of construction works, buildings and building systems
Design, planning, execution and management of factories and the production technology therefor
Factory layout planning
Creation of CAD/BIM models in the fields of construction and engineering
BIM coordination
BIM management
3D laser scanning in fields of construction and engineering
Design services in the fields of construction and engineering
Computer simulation of mathematical and architectural calculations
Product quality evaluation in the fields of construction and engineering
Scientific services in the field of virtual reality for use in relation to construction and engineering projects
Technical services for the creation of augmented reality software and applications in the fields of construction and engineering
Technical services for the creation of virtual reality software and applications for use in the fields of construction and engineering
Scientific services in the field of augmented reality for construction and engineering projects
Engineering project management services
Construction project management
Technical project management in building construction.