The trademark NEST was filed by Google LLC, a Limited Liability Company (the "Applicant"). The application was published for oppositions on December 16, 2020, and received one opposition filed on March 14, 2021 by NAVIDIAN, S.L. on Likelihood of confusion. the opponent was represented by J.D. NUÑEZ PATENTES Y MARCAS, S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 14, 2021
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
The Opposition with reference B 003142737 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on June 15, 2025 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer hardware for streaming and playing audio, video, and multimedia content, and for controlling televisions, monitors, gaming systems, DVD players, portable media players, and digital media streaming devices
Audio speakers
Loud Speakers
Wireless indoor and outdoor speakers
Voice controlled audio speakers
Electronic monitors and sensors for monitoring water, humidity levels, heat, temperature, air quality, light, movement, motion, sound, and the presence of people, animals and objects
Light switches
Lighting control panels
Light systems comprising light sensors and switches
Electronic locks
Programmable locking systems comprised of electronic door locks and keypads
Digital door locks
Electronic doorbells
Electronic wirelessly enabled doorbells
Electronic doorbells featuring a camera
Intercoms
Smoke alarms, carbon monoxide alarms, fire alarms
Access control and alarm monitoring systems
Security alarm hubs
Sound alarms
Alarm sensors
Security alarm controllers
Keypads for use with security alarm devices
Electronic key fobs being remote control apparatus
Stand alone information device, namely, voice and manual controlled audio speakers with personal digital assistant capabilities for streaming and playing audio, video, and multimedia content, for controlling televisions, monitors, gaming systems, DVD Players, portable media players, and digital media streaming devices
Stand alone information device, namely, voice and manual controlled audio speakers with personal digital assistant capabilities for accessing and searching online databases, websites, mobile phones, computers, tablets, smart phones, handheld computers, portable computers for documents, files, and other stored information on command
Stand alone information device, namely, voice and manual controlled audio speakers with personal digital assistant capabilities for providing personal concierge services for others initiated by voice-controlled commands via a mobile phone, computer, tablet, smart phone, handheld computer, portable computer, namely, adding and accessing calendar appointments, alarms, timers, reminders, making restaurant, travel, and hotel reservations, and making professional services appointments
Downloadable Software for controlling home automation systems, namely, lighting, appliances, HVAC systems, thermostats, air quality monitors and sensors, alarms and other safety equipment, locks, doorbells, cameras, and home monitoring equipment
Downloadable software for streaming and playing audio, video, and multimedia content, and for controlling televisions, monitors, gaming systems, DVD players, portable media players, and digital media streaming devices
Downloadable voice-controlled search engine software for obtaining data, images, audio and video via a global computer network
Computer network hubs and switches
Computer hardware for telecommunications
Computer networking hardware
Computer hardware for wireless content delivery
Computer application software for mobile phones, portable media players, handheld computers, namely, software for monitoring, controlling, integrating and managing multiple wireless network routers
Computer application software for mobile phones, portable media players, handheld computers, namely, software for connecting, operating, controlling, integrating and managing networked consumer electronic devices, home climate devices and lighting products via wireless networks
Electronic room temperature, humidity, and air quality sensors.
The mark was filed in class 11 with following description of goods:
Air conditioning, air cooling and ventilation apparatus and instruments
Heating and cooling panels used for indoor heating and cooling purposes
HVAC units
Light bulbs, lighting fixtures, lighting strips, and lamps for use as part of smart or connected solutions, with the exception of street Iighting
Electric space heaters, air conditioners, and electric fans.
The mark was filed in class 37 with Installation of electronic devices, computer hardware, and security and video surveillance products, HVAC systems, lighting, and appliances.
The mark was filed in class 42 with following description of goods:
Providing temporary use of online non-downloadable software for providing a personal voice-enabled digital assistant
Providing temporary use of online non-downloadable voice recognition software
Computer services, namely, providing a non-downloadable voice-controlled search engine for obtaining data, images, audio and video via a global computer network
Provision of Internet search engines
Providing temporary use of online non-downloadable software used to provide voice-controlled information and communications
Providing temporary use of online non-downloadable software for streaming and playing audio, video, and multimedia content, and for controlling televisions, monitors, gaming systems, DVD players, portable media players, and digital media streaming devices
Providing temporary use of online non-downloadable software for use in providing personal concierge services for others by voice-controlled commands via a mobile phone, computer, tablet, smart phone, handheld computer, portable computer, namely, adding and accessing calendar appointments, alarms, timers, reminders, making restaurant, travel, hotel reservations, and making professional services appointments
Providing temporary use of online non-downloadable software for controlling home automation systems, namely, lighting, appliances, HVAC systems, thermostats, air quality monitors and sensors, alarms and other safety equipment, locks, doorbells, cameras, and home monitoring equipment
Providing non-downloadable computer software that allows the sharing and transmission of data and information between electronic devices for the purposes of facilitating environmental monitoring, control, and automation in homes
Installation of security and surveillance software
Certification services, namely, ensuring the professional installation of electronic devices, computer hardware, and security and surveillance products, HVAC systems, lighting, and appliances conforms with certification standards.