018297589

AlwaysNext

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August 27, 2020

Trademark Summary

The trademark AlwaysNext was filed by Xiaomi Inc., a corporation established under the laws of the People's Republic of China (the "Applicant"). The application was published for oppositions on November 26, 2020, and received one opposition filed on February 25, 2021 by Next Retail Limited on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Marks & Clerk LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 25, 2021

The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).

Appointment and Replacement of representative of the trademark registration was recorded on March 1, 2023. Change of name and professional address of the trademark registration was recorded on August 6, 2024.

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Goods And Services

• The mark was filed in class 9 with following description of goods:
  
  1. Computer software applications, downloadable
  2. Computer programs, recorded
  3. Computer peripheral devices
  4. Notebook computers
  5. Computers
  6. Ink cartridges, unfilled, for printers and photocopiers
  7. Computer hardware
  8. Apparatus to check franking
  9. Automated teller machines [ATM]
  10. Dictating machines
  11. Holograms
  12. Hemline markers
  13. Voting machines
  14. Electronic terminals for generating lottery tickets
  15. Facial recognition device
  16. Photocopiers [photographic, electrostatic, thermic]
  17. Cellular phones
  18. Network routers
  19. Intercoms
  20. Virtual reality headsets
  21. Learning machines
  22. Set-top boxes
  23. Video projectors
  24. Multimedia projectors
  25. Air analysis apparatus
  26. Hygrometers
  27. Automatic indicators of low pressure in vehicle tires
  28. Audiovisual teaching apparatus
  29. Teaching robots
  30. Simulators for the steering and control of vehicles
  31. Optical apparatus and instruments
  32. Materials for electricity mains [wires, cables]
  33. Semi-conductors
  34. Electronic chips
  35. Conductors, electric
  36. Electric plugs
  37. Sensors
  38. Switches, electric
  39. Electrical adapters
  40. Change-over switches for telecommunication apparatus
  41. Remote control apparatus
  42. Optical fibers [light conducting filaments]
  43. Heat regulating apparatus
  44. Lightning rods
  45. Electrolysers
  46. Radiological apparatus for industrial purposes
  47. Theft prevention installations, electric
  48. Alarms
  49. Biometric fingerprint door locks
  50. Batteries, electric
  51. Animated cartoons
  52. Egg-candlers
  53. Electrified fences
  54. Portable remote controls for spike strips for road bloc
  55. SIM cards
  56. Touch screen pens
  57. Animal signalling rattles for directing livestock
  58. Tablet computers
  59. Electronic card readers
  60. Computer keyboards
  61. USB flash drives
  62. Electronic pocket translators
  63. Mouse [computer peripheral]
  64. Humanoid robots with artificial intelligence
  65. Interactive touch screen terminals
  66. Outdoor surveillance camera
  67. High and low voltage switchboard
  68. Gas testing instruments
  69. Electrical power extension cords
  70. Battery charging devices for motor vehicles
  71. USB cables for cellular phones
  72. Liquid crystal display
  73. Television display
  74. Rearview cameras for vehicles
  75. Smartphone software applications, downloadable
  76. Wireless charger
  77. USB charger
  78. Profile projector
  79. Automatic focus projector
  80. Power adapters
  81. Fire alarms
  82. Smoke detectors
  83. Fire detectors
  84. Alarms for the detection of flammable gases
  85. Electronic book readers
  86. Smartphones
  87. Protective films adapted for smartphones
  88. Range finders
  89. Outdoor air quality detector
  90. Portable sockets
  91. E-book
  92. Multifunctioning gateway hub for connecting smart devices
  93. Anti-theft device with wireless personal area network function
  94. Audio- and video-receivers
  95. Head-mounted video display monitors
  96. Cameras with artificial intelligence
  97. Water quality TDS testing pen
  98. Power bank
  99. Charging base
  100. Quick charging plugs
  101. Tablet computers featuring software for educational purposes
  102. Reading pens
  103. Electrical contactor
  104. Virtual wall for sweeping robot, namely magnetic strip
  105. Current converters
  106. Remote controls for air-conditioning apparatus
  107. Special anti-glare screen for laser projection television
  108. USB hubs
  109. Network hubs
  110. Motion sensors
  111. Infrared sensors
  112. Wireless switches
  113. Water intrusion alarms
  114. Digital door locks
  115. Locks, electric
  116. Gas leak alarms
  117. Smoke alarms
  118. Door and window sensors
  119. Laser projection television sets
  120. Smart rearview mirrors, namely video displays
  121. Light sensors
  122. Laser projection television
  123. Rearview mirror recorders
  124. Translation machine
  125. Multimode gateway hub for connecting smart devices
  126. Computer network hardware
  127. Communications networks
  128. Data networks
  129. Networking devices
  130. Networking software
  131. Mesh network software
  132. Mesh network hubs.
• The mark was filed in class 35 with following description of goods:
  
  1. Advertising
  2. Providing business information via a web site
  3. Provision of an online marketplace for buyers and sellers of goods and services
  4. Sales promotion for others
  5. Telephone and television auctions
  6. Personnel management consultancy
  7. Compilation of information into computer databases
  8. Book-keeping
  9. Rental of vending machines
  10. Sponsorship search
  11. Rental of sales stands
  12. Presentation of goods on communication media, for retail purposes
  13. Providing business information
  14. Arranging and conducting of marketing and promotional events for others
  15. Import-export agency services
  16. Television advertising
  17. Marketing
  18. Commercial administration of the licensing of the goods and services of others
  19. Procurement services for others [purchasing goods and services for other businesses]
  20. Providing commercial information and advice for consumers in the choice of products and services
  21. Cost price analysis
  22. Business appraisals
  23. Administration of consumer loyalty programs
  24. None of the aforesaid relating to the retail, franchise or wholesale of clothing, footwear, headwear, fashion accessories, cosmetics and beauty products, homewares, furniture, food gifts, garden articles, diy products, household appliances, lighting goods and toys
  25. Retail services connected to the sale of machines, namely machine tools, motors and engines (except for land vehicles), machine coupling and transmission components (except for land vehicles), agricultural implements other than hand-operated
  26. Retail services connected to the sale of side arms
  27. Retail services connected to the sale of data processing equipment and computers, apparatus for processing card transactions and data relating thereto and for payment processing
  28. Retail services connected to the sale of apparatus for verifying data on magnetically encoded cards, sound and/or video recordings, tapes, cassettes, compact discs, films, slides, video recorders, video cassettes, video discs, dvds, computer games, video games, computer software, computer game
  29. Software for use on mobile and cellular phones, downloadable graphics for mobile phones, application software for mobile phones, computer game software for computers, mobile phones and tablet computers
  30. Retail services connected to the sale of software for tablet computers, computer hardware, computer peripherals, mouse screensavers, publications in electronic format, data processing apparatus, photographic and cinematographic apparatus and instruments
  31. Retail services connected to the sale of broadcasting apparatus and instruments, telephones, mobile phones, mobile phone accessories, usb flash drives
  32. Retail services connected to the sale of vehicles, apparatus for locomotion by land, air or water, wheelchairs, motors and engines for land vehicles, vehicle body parts and transmissions
  33. Retail services connected to the sale of held, self-contained games apparatus, computer game apparatus
  34. Retail services connected to the sale of coin/counter operated games, games adapted for use with television receivers.
• The mark was filed in class 37 with following description of goods:
  
  1. Providing information relating to repairs
  2. Building of fair stalls and shops
  3. Quarrying services
  4. Heating equipment installation and repair
  5. Installation, maintenance and repair of computer hardware
  6. Interference suppression in electrical apparatus
  7. Installation and maintenance of medical devices
  8. Repair of vehicles
  9. Repair and maintenance of electric vehicles
  10. Vehicle maintenance
  11. Photographic apparatus repair
  12. Clock and watch repair
  13. Installation, replacement and repair of locks
  14. Re-tinning
  15. Repair of rubber tires
  16. Sterilization of medical instruments
  17. Elevator installation and repair
  18. Burglar alarm installation and repair
  19. Shoe shining
  20. Telephone repair
  21. Kitchen knife sharpening
  22. Repair and maintenance of pumps
  23. Parasol repair
  24. Artificial snow-making services
  25. Restoration of works of art
  26. Tuning of musical instruments
  27. Rental of drainage pumps
  28. Swimming-pool maintenance
  29. Repair of power lines
  30. Repair of hand tools
  31. Installation and maintenance of entertainment or sports apparatus
  32. Rental of dishwashing machines
  33. Cleaning of storage tanks
  34. Septic tank cleaning
  35. Repair and restoration of books
  36. Repair of binoculars
  37. Repair of toys or dolls
  38. Repair of game machines and apparatus
  39. Repair and maintenance of smartphones
  40. Telephone installation and repair
  41. Cell phone battery charging services.