The trademark Pixieray was filed by Pixieray Oy, a corporation established under the laws of the Republic of Finland (the "Applicant"). The application was published for oppositions on September 27, 2021, and received one opposition filed on December 21, 2021 by PIXRAY GmbH on (a) Art. 8(4), (b) Likelihood of confusion. the opponent was represented by Zirngibl Rechtsanwälte Partnerschaft mbB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 21, 2021
The application was filed in Finnish, and Finnish was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on October 26, 2021. Change of name and address of the trademark registration was recorded on February 1, 2022.
Goods And Services
The mark was filed in class 9 with following description of goods:
Software
Artificial intelligence and machine learning software
Software for monitoring, analysing, controlling and running physical world operations
Operating systems
Virtual and augmented reality software
Information technology and audio-visual, multimedia and photographic devices
Optical devices, enhancers and correctors
Glasses, sunglasses and contact lenses
Corrective eyewear
Sunglasses
Eye protection
Measuring, detecting, monitoring and controlling devices
Distance and dimension measuring instruments
Sensors, detectors and monitoring instruments
3D spectacles
Adaptive software
Anti-reflective lenses
Artificial intelligence software for healthcare
Audiovisual apparatus
Spectacle cases
Clip-on sunglasses
Blanks for contact lenses
Containers for contact lenses
Correcting lenses [optics]
Display management software
Embedded operating software
Spectacle temples
Pince-nez
Fashion eyeglasses
Fashion sunglasses
Spectacle frames
Glacier eyeglasses
Glass ophthalmic lenses
Headsets for virtual reality games
Information technology and audiovisual equipment
Instruments containing eyepieces
Intelligent Character Recognition [ICR] software
Interchangeable lenses
Lens
Lens blanks
Lens cases
Optical lenses
Spectacle lenses
Object detecting sensors
Objectives [lenses] [optics]
Computer operating system software
Ophthalmic lenses
Optical finders
Optical glass
Optical inspection apparatus for industrial use
Optical apparatus and instruments
Optical lens blanks
Optical sensors
Parts for spectacles
Prescription eyewear
Goggles
Reading glasses
Replacement lenses for glasses
Sensory software
Smartglasses
Software for optical character recognition
Sunglass temples
Sunglasses for pets
Smart phones in the form of eyewear
Computer hardware
Wearable computers
Augmented reality computer hardware
All aforementioned goods only in connection with optical solutions that contain a hardware or wearable component.
The mark was filed in class 35 with following description of goods:
Advertising, marketing and promotional services
Product demonstrations and product display services
Retail and wholesale services in relation to the following goods: Spectacle lenses, Spectacle frames, Sunglass lenses, sunglass frames
Mail order retail services for clothing
Mail order retail services connected with clothing accessories
Online retail services relating to clothing
Online retail services relating to handbags
Online retailing in relation to the following goods: Medical equipment
Online retailing, in relation to the following goods: eyeglasses
Online retail services relating to jewelry
Retail services connected with the sale of clothing and clothing accessories
Retail services in relation to computer software
Retail services in relation to audio-visual equipment
Retail services in relation to bags
Retail services in relation to clothing
Retail services in relation to clothing accessories
Retail services in relation to fashion accessories
Retail services in relation to footwear
Retail services in relation to headgear
Retail service for glasses
Retail services in relation to medical apparatus
Wholesale services in relation to audio-visual equipment
Wholesale services in relation to bags
Wholesale services in relation to headgear
Wholesale services in relation to medical apparatus
Wholesale services in relation to spectacles
Wholesale services in relation to clothing
Retail services in relation to computer hardware
Wholesale services in relation to computer hardware.
The mark was filed in class 42 with following description of goods:
IT services
Software development, programming and implementation
Hosting services, software as a service, and rental of software
IT consultancy, advisory and information services
Rental of science and technology equipment
Medical and pharmacological research services
Engineering services
Testing, authentication and quality control
Design services
Advisory and information services relating to computer software
Advisory services relating to technological research
Calibration of instruments
Calibration services relating to medical apparatus
Computer programming and software design
Computer programming in the medical field
Computer software consultancy
Computer software design and updating
Consultancy and information services relating to information technology
Consultancy relating to software design and development
Consultancy services in the field of technological development
Creation of computer programmes for data processing
Design and development of consumer products
Design and development of data processing programs
Design and development of image processing software
Design and development of virtual reality software
Design of data processing apparatus
Computer software design
Design of virtual reality software
Development of consumer products
Development of data processing apparatus
Development of new technology for others
Development of operating system software
Development of software for audio and video operators
Development of software for processing and distribution of multimedia contents
Development of virtual reality software
Industrial analysis and research services
Industrial testing
Information technology services for the pharmaceutical and healthcare industries
Material testing
Medical research
Optical laboratories
Optical research laboratory services
Professional consultancy relating to technology
Programming of computer software for evaluation and calculation of data
Programming of data processing equipment
Research in measurement technology
Research in the field of artificial intelligence
Research in the field of data processing technology
Research in the field of information technology
Technological research
Scientific investigations for medical purposes
Scientific research and development
Scientific research for medical purposes
Scientific research
Software creation
Software design and development
Maintenance of computer software
Design of optical and microoptical components
Design of computer hardware
Computer hardware development
Development of computer hardware and software
Design of computer hardware and software
Rental of computer hardware and computer software
Development of hardware for digital signal processing
Consultancy and advice on computer software and hardware
All aforementioned services only in connection with optical solutions that contain a hardware or wearable component.
The mark was filed in class 44 with following description of goods:
Animal healthcare services
Animal grooming services
Human healthcare services
Medical services
Pharmaceutical services
Opticians' services
Mental health services
Rental of equipment for human healthcare
Human hygiene and beauty care
Rental of equipment for human hygiene and beauty care
Consulting services relating to health care
Advisory services relating to medical instruments
Charitable services, namely providing medical services