The trademark Mi was filed by Moving Intelligence B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on September 15, 2020, and received one opposition filed on December 15, 2020 by Xiaomi Inc. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by LANE IP LIMITED and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 15, 2020
The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments
Apparatus and instruments for the conduction, distribution, conversion, storage, regulation and management of electricity
Apparatus for recording, transmission or reproduction of sound or images
Magnetic data carriers, sound recording discs, compact discs, DVDs and other digital data media
Coin-operated mechanisms
Cash registers, calculating machines, data processing equipment, computers
Computer hardware and software for use with satellite and/or GPS navigation systems for navigation purposes
Security and alarm equipment
Electrical communication equipment for making connections
Sensing apparatus
Vehicle tracking systems
Apparatus for detecting and signalling vehicles and vessels
Computer hardware and software for vehicle tracking systems, trip recording, route planning and security
Computer software for use with route planners
Software for information management for the transport and traffic sector
Software for viewing electronic maps
Downloadable electronic cards
Localisation, orientation and navigation systems, and GPS (global positioning systems), consisting of computers, computer software, transmitters, GPS receivers and/or satellite receivers, systems for network connection (interfaces), patch cables, and parts therefor
Technology for transmitter and receiver installations of satellite and radio signals, namely processors, mobile telephones and receivers
Telecommunication installations, networks and apparatus, namely mounting racks specially adapted for telecommunication hardware and switches
Computer terminals, all the aforesaid in particular for the use of navigation systems, route planners and/or digital maps
Blank magnetic data carriers and recording discs for data storage
Audiovisual apparatus, namely receivers and processors for sound and images
Hand-held personal computers
Personal digital assistants (PDAs)
Apps for mobile phones.
The mark was filed in class 38 with following description of goods:
Telecommunication services
Secure or non-secure telecommunications, namely transmission and delivery of digital data, photographs, audio files, data, information and image signals by means of computer, cable radio and satellite transmission, all in particular for localisation, orientation and navigation systems
Wireless data transmission, in the form of teletext, the Internet, GSM (digital mobile telephony) and WAP (wireless application protocols)
Wireless transfer of digital data
Electronic transfer of data and documents via computer terminals
Rental of telecommunications apparatus and installations
Secure or non-secure telecommunications for the electronic storage of digital data, photographs, audio files, data, information and image signals, all in particular for localisation, orientation and navigation systems
Telecommunications, namely providing temporary access to non-downloadable software offering map images and geographical descriptions and travel routes obtainable with the aid of a GPS (global positioning system), allowing others to accurately determine locations or directions
Advice relating to the aforesaid services.
The mark was filed in class 42 with following description of goods:
Scientific and technological services and research and design relating thereto
Industrial analysis and research services
Design and development of computers and computer software
Consultancy in the field of computer software design
Development and design of integrated Interne platforms for telematics and machine-to-machine services for the purpose of making available telematics data in processes, including business processes
Development and design of localisation, orientation and navigation systems
Design of computer hardware and software
Development and design of computer software for use with navigation systems and route planners and with electronic maps and digital dictionaries
Development and design of telecommunications and data communications and networks
Temporary providing of non-downloadable computer software offering map images and geographical descriptions and travel routes obtainable with the aid of a GPS (global positioning system), allowing others to accurately determine locations or directions
Technical consultancy relating to the aforesaid services.