The trademark 1stMobility was filed by Michael Deuse, a national of the Federal Republic of Germany (the "Applicant") and 1st Mobility GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on October 18, 2020, and received one opposition filed on January 17, 2021 by FIDUCIAL on Likelihood of confusion. the opponent was represented by MARK & LAW and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 17, 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 October 1, 2020. Appointment and Replacement of representative of the trademark registration was recorded on August 22, 2021. Change of name and professional address of the trademark registration was recorded on June 19, 2022. A transfer of the trademark registration was recorded on January 4, 2023.
The Opposition with reference B 003139197 was rejected according to Article 8(1)(b) EUTMR with decision issued on December 12, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Recorded content
Information technology and audio-visual, multimedia and photographic devices
Measuring, detecting, monitoring and controlling devices
Navigation, guidance, tracking, targeting and map making devices
Safety, security, protection and signalling devices
Software
Downloadable software
Computer programmes for data processing
Authentication software
Debugging software
Intranet software
Extranet software.
The mark was filed in class 35 with Advertising, marketing and promotional services.
The mark was filed in class 36 with Provision of prepaid cards and tokens and Valuation services..
The mark was filed in class 38 with following description of goods:
Telecommunication services
Wireless transfer of data via wireless application protocols
Provision of wireless application protocol services including those utilising a secure communications channel.
The mark was filed in class 39 with Transport information, advice and reservation services and Transport..
The mark was filed in class 42 with following description of goods:
Design services
IT services
Testing, authentication and quality control
Science and technology services
Computer software design
Computer software consultancy
Software creation
Software engineering
Software development
Application service provider services.
The mark was filed in class 43 with Temporary accommodation information, advice and reservation services and Information, advice and reservation services for the provision of food and drink..
The mark was filed in class 45 with Legal services.