The trademark XtoBOX was filed by MICROSOFT CORPORATION, a U.S. corporation (the "Applicant"). The application was published for oppositions on August 18, 2020, and received one opposition filed on November 18, 2020 by MICROSOFT CORPORATION on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by GRÜNECKER and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 18, 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 address of the trademark registration was recorded on November 23, 2020. A transfer of the trademark registration was recorded on March 7, 2021.
Goods And Services
The mark was filed in class 6 with following description of goods:
Wire rope
Locks of metal, other than electric
Metal hardware
Locks of metal
Small items of metal hardware.
The mark was filed in class 9 with following description of goods:
Computer software for controlling and managing access server applications
Application software for wireless devices
Wireless lock assemblies
Access security apparatus (Electric -)
Electronic chip cards
Electronic cables
Electronic scales
Computer hardware
Insulated electrical cables
Integrated circuit cards [smart cards]
Wireless transmitters
Security tokens [encryption devices]
Wireless transmitters and receivers
Cloud servers
Optical readers
Cable connectors
Central door locking apparatus
Radio-frequency identification (RFID) readers
Electrical engineering software
Computer software for wireless network communications
System on a Chip [SoC]
Electronic chips for the manufacturer of integrated circuits
Software for monitoring, analysing, controlling and running physical world operations
Computer software for wireless content delivery
Electrical cabling
Terminal controllers [electric]
Card operated electronic locks
Access control systems (Automatic -)
Radio-frequency controlled locks
Cables for electrical signal transmission
Data synchronization cables
Wireless controllers to remotely monitor and control the function and status of security systems
Software for mobile device management
Readers [data processing equipment]
Computer software for interpreting fingerprints or palm prints
Electronic article surveillance [EAS] software
Access control installations (Automatic -)
Wireless locking mechanisms
Magnetic coded card readers
Computer software for biometric systems for the identification and authentication of persons
Smart card readers
Multichip modules
System and system support software, and firmware
Smart door locks
Wireless charging pads for smartphones
Software for pay per click optimisation
Threaded electrical cable connectors
Internet of Things [IoT] sensors
Wireless computer peripherals
Cable splices for electric cables
System support software
Wireless locks
Wireless controllers to remotely monitor and control the function and status of other electrical, electronic, and mechanical devices or systems
Optical code readers
Software and applications for mobile devices
Electronic device software drivers that allow computer hardware and electronic devices to communicate with each other
Internet of Things [IoT] gateways
Fingerprint door locks
Access control systems (Electric -)
Software for smartphones
Cable adapters
Radio operated door lock controls
Data transmission cables
On-premise management software
Male connectors for electrical cables
Remote entry point control apparatus
Cable harnesses
Chips [integrated circuits]
Development environment software
Hardware for processing electronic payments to and from others
Software
Encoded electronic chip cards
Fingerprint imagers
Access security apparatus (Automatic -)
Digital door locks
Smart padlocks
Wireless receivers
Remote control apparatus for opening and closing doors
Computer hardware modules for use in electronic devices using the Internet of Things [IoT]
Electromechanical software
Access control cards [encoded or magnetic]
Electric cables and wires
Connections for electric cables
Computer application software for use in implementing the Internet of Things [IoT]
Electronic access control system for buildings
Mobile software
Application software for cloud computing services
Software for Automated Business Process Discovery (ABPD)
Magnetically encoded key cards
Labels with integrated RFID chips
Mechanical locks [electric, metal]
Biometric fingerprint readers
Metal locks [electric]
Mechanical locks [electric, non-metallic]
Devices for wireless radio transmission
Reservation systems software
Locks [electric] with alarms
Cloud computing software
Biometric access control systems
Access control units (Automatic -)
Electrical access control apparatus
System software
Computer programs for the enabling of access or entrance control
Cable junctions for electric cables
Electronic chips
Wireless communication apparatus
Electronic lock assemblies
Software for card readers
Access control devices
Downloadable electronic reports
Smart locks
Software for tablet computers
Digital solutions provider [DSP] software
Cables for optical signal transmission
Locks, electric
Security control apparatus
Electronic locking systems
Wireless transmitting and receiving equipment
Fingerprint scanners
IC card readers
Cloud server software
Computer chipsets for use in transmitting data to and from a central processing unit
Cloud network monitoring software.
The mark was filed in class 42 with following description of goods:
Installation of Access Control as a Service (ACaaS) software
Hosting of digital content on the Internet
Rental of computer hardware
Providing information in the field of computer software development
Providing virtual computer environments through cloud computing
Design, maintenance, development and updating of computer software
Updating of software for data processing
Advisory services relating to the use of computer software
Hosting services, software as a service, and rental of software
Technical support services relating to computer software and applications
Design, maintenance, rental and updating of computer software
Development of systems for the processing of data
Design and development of computer software for reading, transmitting and organising data
Providing virtual computer systems through cloud computing
Providing temporary use of on-line non-downloadable software for database management
Customized design of computer hardware
Configuring computer hardware using software
Professional advisory services relating to computer hardware
Rental of computer software
IT services
Computer software design
Design and development of systems for data input, output, processing, display and storage
Rental of software for inventory management
Consulting in the field of cloud computing networks and applications
Programming of operating software for accessing and using a cloud computing network
Cloud hosting provider services
Services for the design of electronic data processing software
Computer hardware development
Computer software technical support services
Advisory and consultancy services relating to computer hardware
Private cloud hosting provider service
Leasing of computer software for reading a data stream
Design and development of operating software for accessing and using a cloud computing network
Provision of on-line support services for computer program users
Software as a service [SaaS]
Design of computer hardware
Providing information in the field of computer software design
Installation, maintenance and repair of software for computer systems
Provision of technical support in the supervision of computing networks
Development of computer hardware and software
Computer programming and software design
Rental of operating software for accessing and using a cloud computing network
Rental of software for data processing
Development of systems for the storage of data
Providing information about the design and development of computer hardware and software
Providing information, advice and consultancy services in the field of computer software
Technical consultancy relating to the use of computer hardware
Consultancy relating to software for communication systems
Cloud storage services for electronic data
Consultancy in the field of software design
Computer systems integration services
Providing temporary use of on-line non-downloadable software for inventory management
Providing user authentication services using biometric hardware and software technology for e-commerce transactions
Provision of technical support in the operation of computing networks
Consultancy and advice on computer software and hardware
Rental of computers and computer software
Consulting services in the field of software as a service [SaaS]
Providing information about the design and development of computer software
Cloud storage services for electronic files
Hosting of Access Control as a Service (ACaaS) servers and software
Rental of computer hardware and computer software
Research in the field of computer hardware
Development of systems for the transmission of data
Troubleshooting of computer hardware and software problems
Cloud computing
Providing information about the design and development of computer software, systems and networks
Designing of electronic systems
Programming of software for inventory management
Programming of computer software for reading, transmitting and organising data
Consultation services relating to computer hardware
Design and development of firmware systems
Providing temporary use of on-line non-downloadable software for processing electronic payments
Providing temporary use of on-line non-downloadable operating software for accessing and using a cloud computing network
Design and development of wireless data transmission apparatus, instruments and equipment