The trademark Nexustec was filed by Nexustec GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on October 13, 2020, and received one opposition filed on January 10, 2021 by Cisco Technology, Inc. on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by TAYLOR WESSING N.V. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 10, 2021
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 June 15, 2021.
Goods And Services
The mark was filed in class 7 with following description of goods:
Industrial robots
Cobots
Machines and machine tools for treatment of materials and for manufacturing
Cutting, drilling, abrading, sharpening and surface treatment machines and apparatus
Mills and crushing machines
Shaping and moulding machines
Machines, machine tools, and power-operated tools for fastening and joining
Filtering machines, separators and centrifuges
Coating machines
Waste management and recycling machines
Printing and bookbinding machines
Sewing machines for textiles and leather
Material production and processing machines
Moving and handling equipment
Food and beverage processing and preparation machines and apparatus
Dispensing machines
Emergency and rescue machines and machine tools
Sweeping, cleaning, washing and laundering machines
Parts and accessories for all the aforesaid goods, included in this class.
The mark was filed in class 9 with following description of goods:
Cobot solutions [software]
Navigation and protocol systems [software] for complex work and process methods, in particular including imaging processes and spatial detection and identification of objects and in particular in the fields of production, Logistics, Medical technology, Recreation and For sports
Recorded content
Databases
Media content
Software
Computer gaming software
Virtual and augmented reality software
Artificial intelligence and machine learning software
Software for monitoring, controlling and running physical world operations
Web application and server software
System and system support software, and firmware
Application server software
Software for the integration of artificial intelligence and machine learning in the field of Big Data
Software for robotic process automation
Information technology and audio-visual, multimedia and photographic devices
Communications equipment
Head sets, In particular wireless
Virtual reality headsets
Augmented reality headsets
Data storage devices and media
Replicating apparatus
Data processing equipment and accessories (electrical and mechanical)
Peripherals adapted for use with computers and other smart devices
Computers and computer hardware
Computer components and parts
Audio/visual and photographic devices
Audio devices and radio receivers
Display devices, television receivers and film and video devices
Image capturing and developing devices
Cameras [photography]
Optical devices, enhancers and correctors
Optical enhancers
Lasers
Spectacles
Sunglasses
Contact lenses
Virtual reality glasses
Augmented reality goggles
Mobile cameras and display units, in particular for mounting on tools, in particular screwing tools
Multimedia navigation systems
Safety, security, protection and signalling devices
Navigation, guidance, tracking, targeting and map making devices
Measuring, detecting and monitoring instruments, indicators and controllers
Monitoring instruments
Sensors and detectors
Testing and quality control devices
Measuring instruments
Counting instruments
Aligning instruments
Calibrating apparatus
Control devices
Scientific research and laboratory apparatus, educational apparatus and simulators
Parts and accessories for all the aforesaid goods, included in this class
All of the foregoing excluding telecommunication routers and parts and fittings for the aforesaid goods, telecommunications switches, namely, switches for use with local and wide area networks, data center switches and unified fabric switches, and parts and fittings for the aforesaid goods, telecommunications software, and computer software in the nature of data center software.
The mark was filed in class 10 with following description of goods:
Medical and veterinary apparatus and instruments
Diagnostic, examination, and monitoring equipment
Surgical robots
Parts and accessories for all the aforesaid goods, included in this class.
The mark was filed in class 35 with following description of goods:
Advertising, marketing and promotional services
Business assistance, management and administrative services
Business consultancy and advisory services
Business analysis, research and information services
None of the aforementioned services being in relation to telecommunication routers and parts and fittings for the aforesaid goods, telecommunications switches, namely, switches for use with local and wide area networks, data center switches and unified fabric switches, and parts and fittings for all the aforesaid goods, telecommunications software and computer software in the nature of data center software.
The mark was filed in class 38 with following description of goods:
Telecommunication services
Computer communication and Internet access
Provision of access to content, websites and portals
None of the aforementioned services being in relation to telecommunication routers and parts and fittings for the aforesaid goods, telecommunications switches, namely, switches for use with local and wide area networks, data center switches and unified fabric switches, and parts and fittings for all the aforesaid good, telecommunications software and computer software in the nature of data center software.
The mark was filed in class 39 with following description of goods:
Transport
Transportation logistics
Container transport services
Navigation (positioning, and route and course plotting).
The mark was filed in class 42 with following description of goods:
IT services
Software development, programming and implementation
Computer hardware development
Hosting services, software as a service, and rental of software
Rental of computer hardware and facilities
IT consultancy, advisory and information services
IT security, protection and restoration
Data duplication and conversion services, data coding services
Science and technology services
Engineering services
Surveying and exploration services
Rental of science and technology equipment
Natural science services
Testing, authentication and quality control
Design services
Engineering relating to cobot solutions and robotics
None of the aforementioned services being in relation to telecommunication routers, and parts and fittings for the aforesaid goods, telecommunications switches, namely, switches for use with local and wide area networks, data center switches and unified fabric switches and parts and fittings for all the aforesaid goods, telecommunications software and computer software in the nature of data center software.