The trademark NOTHING was filed by Nothing Technology Limited, a corporation established under the laws of the United Kingdom of Great Britain and Northern Ireland (the "Applicant"). The application was published for oppositions on February 23, 2021, and received one opposition filed on May 19, 2021 by Nothing AG on (a) Art. 8(4), (b) Identity of marks and Goods and Services, (c) Likelihood of confusion. the opponent was represented by FRIEDRICH GRAF VON WESTPHALEN & PARTNER MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 19, 2021
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Change of name and professional address of the trademark registration was recorded on April 21, 2022. Change of name and address of the trademark registration was recorded on August 21, 2022.
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer hardware
Computers
Tablet computers
Mobile computers
Laptops (computers)
Mobile phones
Telecommunications devices
Telecommunications apparatus
Data processing apparatus
Television apparatus
Remote control apparatus
Digital televisions
Smart phones
Smart glasses
Smart watches
Smart rings, bands, and bracelets
Encoded identification bracelets, magnetic
Wearable activity trackers
Global Positioning System (GPS) apparatus
Wireless communication devices
Loudspeakers
Smart speakers
Headphones
Headsets
Earphones
Earbuds
Protective masks
Protecting masks
Smart masks
Electrical adapters
Battery chargers
Wireless chargers
Batteries, electric
Data cables
USB cables
USB sticks
Electronic book readers
Internet of Things (IoT) gateways, sensors, and range extenders (antennas)
Computer hardware modules for use in electronic devices using the Internet of Things (IoT)
Computer peripherals
Wearable computer peripherals
Digital cameras
Cases and covers for the aforesaid goods
Sleeves for laptops
Accessories and replacement parts and fittings for the aforesaid goods
Computer software for the aforesaid goods
Application software for the aforesaid goods
Computer software for use on handheld mobile electronic devices and other consumer electronics
Operating software for the aforesaid goods
Operating systems for the aforesaid goods
Computer operating software for mobile phones, smart phones, computers and tablet computers
Telecommunications software
Computer application software for use in implementing the Internet of Things (IoT)
Cloud servers
Downloadable publications.
The mark was filed in class 35 with following description of goods:
Advertising
Marketing and promotional services
Online advertising on a computer network
Promoting the goods and services of others
Organisation of exhibitions for commercial or advertising purposes
Marketing research
Market studies
Business management consultancy
Provision of commercial and business contact information
Systemization of information into computer databases
Updating and maintenance of data in computer databases
Arranging of subscriptions to telephone services and internet services
Retail services in relation to computer hardware, computers, mobile phones, telecommunications devices, digital televisions, smart phones, smart glasses, smart watches, smart rings, bands, and bracelets, encoded identification bracelets, magnetic, wearable activity trackers, Global Positioning System (GPS) apparatus, wireless communication devices, loudspeakers, smart speakers, headphones, headsets, earphones, earbuds, protective masks, protecting masks, smart mask
Retail services in relation to electrical adapters, battery chargers, wireless chargers, batteries, data cables, USB cables, USB sticks, electronic book readers, Internet of Things (IoT) gateways, sensors, and range extenders (antennas), computer hardware modules for use in electronic devices using the Internet of Things (IoT), computer peripherals, cases and covers for mobile devices and computers, sleeves for laptops
Provision of an online marketplace for buyers and sellers of goods and services
Administration of loyalty and incentive schemes
Import-export agencies
Procurement services for others (purchasing goods and services for other businesses)
Information, advisory and consultancy services relating to the aforesaid services, all of the aforesaid services also provided online via a database or the Internet.
The mark was filed in class 42 with following description of goods:
Design and development of computer hardware
Technological research
Research and development of new products for others
Industrial design
Packaging design
Design and development of computer software
Design and development of computer platforms
Software design and development in the fields of augmented reality, artificial intelligence, machine learning, and the internet of things
Computer programming
Cloud computing
Cloud hosting provider services
Providing virtual computer systems and virtual computer environments through cloud computing
Software as a Service [SaaS]
Platform as a Service [PaaS]
Installation and maintenance of software
Hosting multimedia entertainment content
Hosting of digital content, online
Providing temporary use of nondownloadable software
Providing temporary use of online Nondownloadable operating software for computer networks and servers
Troubleshooting of computer hardware and software problems
Computer software technical support services
Computer virus protection services
Electronic data storage
Offsite data backup
Information technology services
Information, advisory and consultancy services relating to the aforesaid services, all of the aforesaid services also provided online via a database or the Internet
All of the aforementioned services exclusively related to consumer products.