The trademark GENESIS CLOUD was filed by Genesis Cloud GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on June 16, 2021, and received one opposition filed on September 15, 2021 by Genesys Cloud Services Holdings II, LLC on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by FRKelly and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 15, 2021
The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003154873 was refused according to Article 8(1)(b) EUTMR with decision issued on July 11, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 35 with Industrial, commercial, and consumer business consulting in the fields of acquisition, administration, analysis, control, distribution, logging, integration, management, organization, provisioning, reporting, securing, sharing, and use of computer software applications as a service, cloud computing, cloud services, information security, information services, information technology, infrastructure as a service, platform as a service, marketing as a service, and risk management as a service.
The mark was filed in class 38 with following description of goods:
Electronic data transmission
Streaming of data
Streaming of software applications
Providing data streaming capacity to others
Streaming of audio and video material on the internet
Providing access to telecommunication networks
Providing virtual private network services
Communications services, namely, facilitating the transmission and receipt of data to and from cloud and internet based computing devices and virtual servers
Providing multiple user access to global computer networks for data storage services
Providing customer access to the communications networks of others
Providing network and managed communication services, namely, transmission and receipt of voice, audio, visual images and other data by communication networks
Consultation in the field of communication services
Streaming of data via a global computer network
Transmission of podcasts
Webcasting services
Electronic transmission of files via a global computer network
Electronic transmission of audio and video recordings
Electronic delivery, reception and transmission of messages, documents, images and other data by electronic transmission
Electronic transmission of e-mail
Provision of connectivity services, namely, providing connectivity to transmit and receive voice, audio, visual images and other data by communication networks and providing access to electronic communications networks
Electronic transmission of data and media via on-line global and local computer networks
Providing on-line chat rooms and electronic bulletin boards for transmission of messages among users
Electronic transmission of e-mail and instant messaging services.
The mark was filed in class 42 with following description of goods:
Consulting services in the field of cloud computing
Providing virtual computer systems and virtual computer environments through cloud computing
Technical consulting services in data center architecture, public and private cloud computing solutions, and evaluation and implementation of internet technology and service
Providing a website featuring technology that enables users to integrate private and public cloud computer environments
Providing online, non-downloadable software for integrating private and public cloud computer environments
Providing a website featuring technology that enables users to develop machine learning, deep learning, and artificial intelligence tools
Providing online, non-downloadable software for developing machine learning, deep learning, and artificial intelligence tools
Providing a website featuring technology that enables users to implement and optimize machine learning, deep learning, and artificial intelligence models for others
Providing online, non-downloadable software for implementing and optimizing machine learning, deep learning, and artificial intelligence models for others
Providing a website featuring technology that enables users to perform artificial intelligence image analysis on text, face, object, scenery, and events
Providing online, non-downloadable software for performing artificial intelligence image analysis on text, face, object, scenery, and events
Providing a website featuring technology that enables users to classify and categorize images based on artificial intelligence analysis
Providing online, non-downloadable software for classifying and categorizing images based on artificial intelligence analysis
Providing a website featuring technology that enables users to create searchable databases of information
Providing online, non-downloadable software for creating searchable databases of information and data