The trademark macio was filed by Macio GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on May 5, 2021, and received one opposition filed on August 4, 2021 by Apple Inc. on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Locke Lord LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 4, 2021
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Creation of rights in rem of the trademark registration was recorded on December 11, 2023.
Goods And Services
The mark was filed in class 35 with following description of goods:
Business assistance, management and administrative services
Business consultancy and advisory services
Advisory services relating to data processing
Business consultancy relating to the administration of information technology
None of the aforesaid services relating to furniture
All of the aforesaid services only used in relation to software for the operation, control and steerage of machines and devices, excluding desktop computers, laptops, smart devices, mobile and held electronic devices.
The mark was filed in class 42 with following description of goods:
IT services
Design services
Software development, programming and implementation
Computer hardware development
IT consultancy, advisory and information services
IT security, protection and restoration
Computer software design and updating
Consultancy in the field of software design
Computer programming and software design
Design and development of computer software for use with medical technology
Software engineering
Engineering design
All of the aforesaid services only used in relation to software for the operation, control and steerage of machines and devices, excluding desktop computers, laptops, smart devices, mobile and held electronic devices.