The trademark SMI was filed by Schreibmotorik Institut e.V., a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on October 11, 2021, and received one opposition filed on December 29, 2021 by ELVAS DENTAL, S.L. Unipersonal on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by J. LAHIDALGA and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 29, 2021
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003161334 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on December 10, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Testing apparatus not for medical purposes
Electronic notice boards
Compact discs
DVDs
Notebook computers
Computer hardware
Computer peripheral devices
Computer programs and computer software for video, computer and Internet games, including for games programs, learning programs and programs for diagnosing learning disabilities and writing deficits, and for aids for learning to write
Information display terminals
Data entry terminals
Digital aids for learning to write, namely Downloadable tutorials or tutorials recorded on a data carrier for the remediation of learning disabilities and writing deficits
Electric and electronic pressure measuring apparatus
Electronic pens, including for visual display units
Educational apparatus, Teaching apparatus
Equipment and apparatus for recording, reproduction, storage, processing, manipulation, transmission, forwarding, procuring information and reproduction of music, sound, images, text, signals, software, information and data
Data processing equipment
Instructional apparatus and instruments
Learning programmes, Programs for diagnosing learning disabilities and writing deficits, and aids for learning to write
Readers (data processing equipment)
Magnetic data media
Magnetic data media
Mobile communication terminals
Monitors
Display screens
Multimedia apparatus
Computer memory devices
Tablet computers
Touch screens
Portable media players
Video, computer and Internet games and other electronic and/or visual games (software)
Games software
Scientific, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision) and teaching apparatus and instruments
Word processing apparatus
All the aforesaid goods/services solely relating to writing motor skills and handwriting.
The mark was filed in class 16 with following description of goods:
Printed cards
Books
Printed matter
Spirit masters for mimeographing
Flyers
Teaching materials [except apparatus]
Educational books
Teaching materials [except apparatus]
Teaching materials [except apparatus]
Stationery and educational supplies
Posters
Prospectuses
Writing instruments
Stickers [stationery]
All the aforesaid goods/services solely relating to writing motor skills and handwriting.
The mark was filed in class 28 with following description of goods:
Electronic games, game equipment and learning game equipment
Educational aids, namely electronic learning game apparatus, including for learning basic arithmetic operations and language
Educational games and games for learning to write
Games, toys and playthings, in particular for educational and teaching purposes
Portable gaming devices.
The mark was filed in class 35 with following description of goods:
Analysis of market research data and statistics
Advisory services relating to the ordering of stationery
Consultancy relating to data processing
Advisory services relating to market research
Statistical analysis and reporting
Market research
Market study and analysis of market studies
Marketing research and analysis
Opinion polling
Public relations services
All the aforesaid goods/services solely relating to writing motor skills and handwriting.
The mark was filed in class 41 with following description of goods:
Education information
Training
Provision of educational information
Education and training consultancy
Consultancy services relating to training
Consultancy services relating to the development of training courses
Consultancy services relating to the development of training courses
Consultancy services relating to the analysis of training requirements
Advice relating to medical training
Provision of educational information
Educational advisory services
Consultancy and information services relating to arranging, conducting and organisation of symposiums
Providing online games
Providing video and computer games (non-downloadable) and games programs (non-downloadable)
Coaching
Computer training
Practical training [demonstration]
Conducting of instructional seminars
On-line electronic games services
Providing facilities for educational purposes
Providing recreation facilities, namely sporting and cultural activities
Electronic games services provided from a computer database or by means of the internet
Conducting instructional courses
Provision of information relating to training
Conducting courses, seminars and workshops
Providing online training seminars
Provision of educational examinations and tests
Organisation of seminars
Conducting of seminars and congresses
Teaching
Provision of games by means of a computer based system
Arranging and conducting of conferences, congresses and symposiums
Arranging and conducting of seminars
Organising, arranging, in relsation to the following fields: Conferences, Congresses, Electronic desktop publishing, Workshops (training)
Arranging and conducting of seminars
Arranging and conducting of symposiums
Organising, arranging, in relsation to the following fields: Presentation of exhibitions, For cultural or educational purposes, All of the aforesaid services, including via data networks, In particular via the Internet
Organisation of symposia relating to training
Organisation of symposia relating to education
Organisation of conferences and symposia in the field of medical science
Organisation of courses using open learning methods
Organisation of courses using programmed learning methods
Arranging of workshops and seminars
Organisation of seminars
Organisation of seminars relating to education
Conducting of instructional seminars
Conducting of instructional seminars
Arrangement of seminars for educational purposes
Organisation of seminars relating to education
Organisation of seminars and conferences
Conducting of instructional seminars
Arrangement of seminars for recreational purposes
Advisory services relating to education
Planning of seminars for educational purposes
Electronic game services provided by means of the internet
Children's entertainment services
Entertainment, namely providing non-downloadable audio, video and other multimedia recordings, including via the Internet or a global network, and in electronic or computerised form
Educational services for teaching manual writing
Arranging and conducting of seminars
Arranging and conducting of seminars and workshops
Arranging and conducting of competitions in the fields of education and culture
Symposiums relating to education
Seminars
Organisation of seminars relating to training
Organisation of Webinars
Arranging, conducting and organisation of seminars
Arranging and conducting conferences and seminars
Organisation of seminars
All the aforesaid goods/services solely relating to writing motor skills and handwriting.
The mark was filed in class 42 with following description of goods:
Analytical services relating to computer programmes
Consultancy in the field of scientific research
Computer software consultancy
Consultancy relating to research and development in the field of therapeutics
Consultancy relating to software design and development
Advisory services relating to computer based information systems
Advisory services relating to the use of computer software
Advisory services relating to scientific research
Computer aided scientific analysis services
Technical data analysis services
Software design and development
Design and development of computer hardware
Handwriting analysis [graphology]
Industrial analysis and research services
Surveys (Conducting -)
Testing, analysis and evaluation of the goods and services of others for the purpose of certification
Technological consultancy
Technological consultancy
Rental of computer software and programs
Scientific analysis
Professional consultancy relating to the science of ergonomics
Advisory services relating to science
Advisory services relating to science
Scientific research and analysis
Scientific and industrial research
Certification of educational services
Science and technology services
Technological research
Scientific services and design relating thereto
Technological services and design relating thereto
Scientific research
All the aforesaid goods/services solely relating to writing motor skills and handwriting.
The mark was filed in class 44 with following description of goods:
Medical consultations
Advisory services relating to medical apparatus and instruments
Medical analysis for the diagnosis and treatment of persons
Medical counseling
Medical diagnostic services
Medical examinations, in particular Diagnostic testing of children