The trademark SMART CONSTRUCTION Rover was filed by Komatsu Ltd., a corporation established under the laws of Japan (the "Applicant"). The application was published for oppositions on October 19, 2020, and received one opposition filed on January 19, 2021 by Jaguar Land Rover Limited on Likelihood of confusion. the opponent was represented by REDDIE & GROSE B.V. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 19, 2021
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer software
Computer hardware
Computer programs
Computer software for cloud computing
Computer programs for position management, operational status management, and provision of information for maintenance management of metalworking machines and tools, construction machines and apparatus, mining machines and apparatus, civil engineering machines and apparatus, loading-unloading machines and apparatus, forklifts, dump trucks
Computer programs for generating construction data related to construction services
Computer programs for data processing
Pre-recorded computer programs and pre-recorded computer software reproducing in 3D, model-making, editing, measuring, graph-excluding and data transferring to other applications
Computer software for creating and drawing 2D and 3D construction graphics
Computer software for operation, control or maintenance by wireless communication of construction machines and apparatus, civil engineering machines and apparatus, forklifts, dump trucks
Computer software for control of operating construction machines and apparatus, civil engineering machines and apparatus, forklifts, dump trucks
Computer software for image displaying the operation status of construction machines and apparatus, civil engineering machines and apparatus, forklifts, dump trucks
Computer software for adding computerised construction functions to construction machines and apparatus civil engineering machines and apparatus, forklifts, dump trucks
Computer software for enabling computerised construction by construction machines and apparatus, civil engineering machines and apparatus, forklifts, dump trucks
Computer software for collecting, editing, managing, correcting, transmitting, recording sharing, exchanging and processing measured data
Sensors
Antennas
Measuring or testing machines and instruments
Surveying machines and instruments
Telecommunication machines and apparatus
Radio communication machines and apparatus
Communication apparatus
Wireless transmitters and receivers
Electronic apparatus for wireless reception, storage and transmission of data and messages apparatus for recording, transmission, receiving, processing or reproduction of measured data
Remote control apparatus
Remote controllers for computers
Navigational instruments
Tablet computers
Personal digital assistants
Electronic machines apparatus and their parts for topographic survey
All of the aforesaid relating to the conducting and undertaking of surveys in the construction sector.
The mark was filed in class 42 with following description of goods:
Providing computer programs
Cloud computing
Rental of operating software for accessing and using a cloud computing network
Electronic data storage and data back-up services
Design and development of operating software for accessing and using a cloud computing network
Design and programming of computer programs for information management
Design and programming of computer programs
Electronic storage of data, drawings, documents, digital photographs, music, images, video and electronic data by cloud computing
Technical advice relating to operation of computer programs
Technical project planning
Drafting of building construction, civil engineering structures and underground structures and consultancy relating thereto
Providing computer software for operation, control or maintenance by wireless communication of construction machines and apparatus, civil engineering machines and apparatus, forklifts, dump trucks
Providing computer software for control of operating construction machines and apparatus, civil engineering machines and apparatus, forklifts, dump trucks
Providing computer software for image-displaying the operation status of construction machines and apparatus, civil engineering machines and apparatus, forklifts, dump trucks
Providing computer software for adding computerised construction functions to construction machines and apparatus, civil engineering machines and apparatus, forklifts, dump trucks
Providing computer software for enabling computerised construction by construction machines and apparatus, civil engineering machines and apparatus, forklifts, dump trucks
Providing computer software for collecting, editing, managing, correcting, transmitting, recording, sharing, exchanging and processing measured data
Surveying, and consulting or providing information relating thereto
Rental and leasing of measuring apparatus
Rental and leasing of measuring machine and instruments
Rental and leasing of computer hardware and software
Rental and leasing of computer peripherals
Industrial analysis and research
All of the aforesaid relating to the conducting and undertaking of surveys in the construction sector.