The trademark SmartX was filed by ABUS August Bremicker Söhne KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on July 14, 2021, and received one opposition filed on October 5, 2021 by ECOM Instruments GmbH on Likelihood of confusion. the opponent was represented by PFIZ/GAUSS PATENTANWÄLTE PARTMBB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 5, 2021
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 6 with following description of goods:
Goods of common metal included in class 6, Namely locks, Keys, key blanks, Fittings, Safety chains, Doors hinges, Lock cylinders, Built-in cylinders, Dummy cylinders, Door cylinders, Striking plates, Closing hasps, Door chains, Door and window bolts, Door and window locks and parts thereof
Ironmongery, small items of metal hardware
Non-electric cables and wires of common metal
Mechanical locking systems
Mechanical locking installations
Tanks of metal
Closures of metal for containers
Containers, Goods of metal, namely, Containers.
The mark was filed in class 9 with following description of goods:
Measuring, checking (supervision), signalling and life-saving apparatus and instruments
Electric and electronic locks
Electric and electronic keys
Electric and electronic monitoring apparatus
Electronic locking installations
Alarms
Access control installations
Locks comprising fingerprint readers
Locks comprising biometric fingerprint scanners
Wireless locks
Electric and electronic locking and unlocking systems
Electric and electronic door security devices
Access control cards [encoded or magnetic]
Electronic key cards
Smart cards
Digital signal processing apparatus
Digital keys
Software development kit [SDK]
Mobile apps
Cameras [photography]
Radiocommunication apparatus
Apparatus for recording, transmission or reproduction of data, sound or images for security purposes
Facial recognition apparatus
Vein pattern recognition apparatus
Gesture control apparatus
Speech recognition apparatus
Movement pattern recognition apparatus
Peepholes [magnifying lenses] for doors
Electronic speech and relay modules
Programming apparatus
Transmitters
Electrical and electronic controllers
Contacts, electric
Electric cables and distributors
Integrated circuits
Data processing encoders
Data-processing equipment and computers
Monitors
Computer peripheral devices
Programs for data processing equipment
Software
Magnetic and voice-controlled encoders
Computer software applications, downloadable
Downloadable software applications for mobile devices (smartphones, smart watches, tablet computers, laptop computers)
Computer software for interpreting fingerprints or palm prints
Software for electronic lock and access control device data transmission via a global computer network, by wireless telephone network, or by radio transmission
Software for downloading application programs and for remote programming, control, monitoring, and management of electronic locks and access control apparatus via global computer network, wireless telephone network or radio transmission
Computer application software for computers, mobile devices (smartphones, smartwatches, tablet computers, laptop computers), namely software for programming, controlling, monitoring and managing electronic locks and access control apparatus.
The mark was filed in class 42 with following description of goods:
Scientific and technological services and research and design relating thereto
Industrial analysis and research services
Design and development of computer hardware and software
Design and development of software for e-commerce platforms
Design and development of software in the field of mobile applications
Hosting computer sites [web sites]
Cloud computing
Cloud hosting provider services
Consultancy relating to locks, security and locking systems
Software as a service [SaaS]
Access Control as a Service (ACaaS)
Application service provider [ASP], namely, hosting computer software applications of others
Providing application software using a communication network.