The trademark LUMINUS was filed by Euroatlantic Capital LLC, a Limited Liability Company (the "Applicant"). The application was published for oppositions on October 11, 2021, and received one opposition filed on December 9, 2021 by Beneq Group Oy on Likelihood of confusion. the opponent was represented by Kaulo & Partners, Licensed Legal Counsels, Ltd. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 9, 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 September 21, 2022. Change of name and professional address of the trademark registration was recorded on October 2, 2022. Change of name and professional address of the trademark registration was recorded on June 17, 2024.
The Opposition with reference B 003160076 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on January 16, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Augmented reality software
Virtual reality software for telecommunications
Artificial intelligence software
Software for the integration artificial intelligence and machine learning in the field of Big Data
Computer software (downloadable)
Interactive software based on artificial intelligence
Computer software (recorded)
Computer operating programs recorded
Humanoid robots with artificial intelligence
Electronic publications (downloadable)
Electronic diaries
Hands-free devices for telephones
Downloadable image files
Downloadable electronic maps
Holograms
Compasses
Mobile telephones
Pagers
Satellite navigational apparatus
Transmitters of electronic signals
Transmitters [telecommunication]
Computer games (Programs for -)
Positioning, navigation and GPS systems (computers), including for use in connection with augmented reality
Audio and video receiver
Computer software in relation to Cloud computing and Cloud communications
Computer hardware in relation to Cloud computing and Cloud communications
Computer hardware that is capable of integrating elements such as Natural Language Processing, Computational Linguistics, Information Retrieval, Analytics, and Machine Learning which is capable of understanding general human queries and formulating confidence based responses
Media recorded with instruction manuals sold with computers and computer programs
Electronic publications
None of the aforesaid goods and services relating to energy production, energy transport, energy distribution and services relating to energy efficiency, energy consumption, installation and maintenance of apparatus for energy consumption and energy efficiency.
The mark was filed in class 35 with following description of goods:
Business management and consultancy
Business information services
Business management consulting services
Business development services
Data processing services and cloud-based business services
Business management relating to data information processing and telecommunication networks
Business management consultancy relating to management of telecommunication network systems and computer networks
Business management analysis and consultancy relating to network security
Compilation of information into computer databases
Systemization of information into computer databases
Computerized file management
Advice, information and consultancy services relating to all the aforesaid services
Business management consulting
Business development
Market research
Data processing services
Advertising for a computer that is capable of integrating elements such as Natural Language Processing, Computational Linguistics, Information Retrieval, Analytics, and Machine Learning which is capable of understanding general human queries and formulating confidence-based responses
Offering business management assistance in the operation of computers, typewriters, telex machines and other similar office machines
Business management analysis or business consultancy
Advertising and publicity
Updating and maintenance of data in computer databases
Updating of advertising material
Computerized file managing
Advertising agency services
Compilation of statistics
Commercial management of the licensing of goods and services, for others
Marketing research
Market research
Public relations
On-line advertising in computer networks
Outsourcing services (assistance in business matters)
Planning services for advertising
Presentation of companies on the Internet and other media
Publication of printed matter (including in electronic form), for advertising purposes
Sponsoring in the form of advertising
Marketing and commercial consultancy
Dissemination of advertisements
Rental of advertising space on the Internet
Renting out of advertising time in communication media
Arranging subscriptions to telecommunication services for others
Arranging of commercial transactions, for others, including within the framework of e-commerce
Arranging mobile radio contracts (for others)
Arranging of contracts, for others, for the buying and selling of goods
Arranging of contracts, for others, for the providing of services
Arranging advertising contracts, for others
Good and service presentations
Advertising
Advertising on the Internet, for others
Collating of data in computer databases
Advertising, in particular providing of advertising services and advertising consultancy services, direct marketing, mobile marketing, new media and address marketing
Internet services, namely, the preparation and provision of data and information on the internet about sale, outsourcing and marketing of computer programs and software
Association services, namely, promoting the interests of users of software solutions from a particular company
Promoting the use of the security assurance best practices of others in the field of cloud computing
Business consulting services in the field of electronic commerce activities over a global computer network, such electronic commerce activities consisting of activities like catalogue shopping, order and payment processing, inventory management and order fulfillment, pricing, shipping arrangements, taxation, order tracking, confirmation activity and systems management
Database management, namely, systematic ordering of data and information in computer databases for the internet relating to the development, creating, programming, implementing, performance, production, distribution, sale, application, use, function, handling, modification, maintenance, rental, updating, design and outsourcing of computer programs and computer software
None of the aforesaid goods and services relating to energy production, energy transport, energy distribution and services relating to energy efficiency, energy consumption, installation and maintenance of apparatus for energy consumption and energy efficiency.