The trademark SIMLOOP was filed by Hyperloop Technologies, Inc., a U.S. corporation (the "Applicant"). The application was published for oppositions on February 18, 2021, and received one opposition filed on April 26, 2021 by Telefónica Germany GmbH & Co. OHG on Likelihood of confusion. the opponent was represented by MÜLLER FOTTNER STEINECKE Rechtsanwälte PartmbB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 26, 2021
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer software
Computer software, namely simulation tools to assist in project design and implementation
Computer software and downloadable computer software for modeling, analyzing, and reporting of data in the fields of transportation and linear infrastructure
Computer software for use as a simulation tool to support modeling of transportation and linear infrastructure
Software for modeling, analyzing and emulating transportation and linear infrastructure
Computer software for use in the field of engineering to develop general simulation tools for solving mechanical, electric, electromagnetic, and aerodynamic problems and for dynamic solutions of such problems
Computer programs for evaluating, simulating and estimating the operation and performance of vehicles
Computer programs, namely, data collation and processing programs for evaluating, simulating, and estimating operation and performance of vehicles
Apparatus for evaluating, simulating, and estimating the operation and performance of vehicles, namely, computer hardware, computer monitors, computer data processors, and predictive simulators for control and management of vehicle operation and performance
Automated systems comprised of software for planning, optimizing, and providing information on various transportation parameters, computer hardware, and communications devices, namely, communications hubs, communications computers, apparatus for transmission of communication, communications modems, communications network routers, global positioning systems, satellite transmitters and receivers, satellite-aided navigation systems
Automated systems comprised of software for planning, optimizing, and providing information on various transportation parameters, computer hardware, and communications devices, namely, communications antennae, communications cables, communications controllers, namely, tablet computers and programmable logic controllers
Automated systems comprised of software for planning, optimizing, and providing information on various transportation parameters, computer hardware, and communications devices, namely, communications electronics for computers, namely, Ethernet transceivers, wireless broadband radios and transceivers, wireless wide area network modems, serial drivers in the nature of computer cables
Automated systems comprised of software for planning, optimizing, and providing information on various transportation parameters, computer hardware, and communications devices, namely, communications headsets for use with computers, and communications data processors for planning, optimizing, and providing information on various transportation parameters.
The mark was filed in class 42 with following description of goods:
Project studies, namely, transportations systems and structural design and analysis using computer modeling and simulation tools
Technical, research and development for others in the field of modeling and simulation
Software design studies, namely, technical projects and technical research in the nature of transportation and linear infrastructure design, modeling and optimization
Software-as-a-Service (Saas)
Software-as-a-Service (SaaS) services, namely, non-downloadable computer software and computer applications for modeling, analyzing, and reporting of data in the fields of transportation and linear infrastructure design, modeling, and optimization.