The trademark CY GENIUS PLATFORMS was filed by CY CERGY PARIS UNIVERSITE, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on August 22, 2021, and received one opposition filed on November 22, 2021 by Ottobock SE & Co. KGaA on Likelihood of confusion. the opponent was represented by GRAMM, LINS & PARTNER PATENT- UND RECHTSANWÄLTE PARTGMBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 22, 2021
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 1 with following description of goods:
Adhesives for use in industry
Size for walls
Size for finishing and priming
Fire prevention compositions
Compost, manures, fertilizers
Radioactive elements for scientific purposes
Artificial manures
Cinematographic film, sensitized but not exposed
Putties and other paste fillers
Mastics for use in bonding
Unprocessed plastics
Tanning substances
Photographic paper
Straw pulp
Photosensitive plates
Plasticizers
Biological preparations for use in industry and science
Soldering preparations
Tempering preparations
Chemicals used in science
Chemical substances for preserving foodstuffs
Chemicals used in forestry
Chemicals used in horticulture
Chemical substances for analyses in laboratories, other than for medical or veterinary purposes
Chemical preparations for use in photography
Chemicals for use in agriculture
Industrial chemicals
Unprocessed artificial and synthetic resins
Silicones
Substances for tanning animal skins and hides.
The mark was filed in class 7 with following description of goods:
Machine coupling and transmission components (except for land vehicles)
High pressure washers
Ultrasonic cleaning instruments for industrial use
Incubators for eggs
Distribution machines, automatic
Agricultural implements other than hand operated hand tools
Woodworking machines
Machines and apparatus for cleaning, electric
Emergency and rescue machines and machine tools
Machines and machine tools for treatment of materials and for manufacturing
Machine tools
Precision machine tools
Tools (Machine -) for use in packaging
Machine tools for removing waste material
Handling machines, automatic [manipulators]
Motors, other than for land vehicles
Robots for machine tools.
The mark was filed in class 9 with following description of goods:
Electronic agendas
Decorative magnets
Apparatus for the transmission of images
Apparatus for recording images
Apparatus and instruments for accumulating electricity
Weighing apparatus and instruments
Apparatus and instruments for regulating electricity
Signalling apparatus and instruments
Apparatus and instruments for transforming electricity
Checking (supervision) apparatus and instruments
Instructional and teaching apparatus and instruments
Surveying apparatus and instruments
Nautical apparatus and instruments
Optical apparatus and instruments
Photographic apparatus and instruments
Apparatus and instruments for conducting electricity
Scientific apparatus and instruments
Sound transmitting apparatus
Sound recording apparatus
Breathing apparatus for underwater swimming
Downloadable software applications
Eyewear
Cash registers
Calculators
Integrated circuit cards [smart cards]
Virtual reality headsets
Compact discs [read-only memory]
Stick computers
Diving suits
Detectors
Compact discs
DVDs
Data processing equipment
Fire extinguishers
Measuring apparatus and instruments
Life-saving apparatus and instruments
Lasers, not for medical purposes
Electronic book readers
Teacher software
Computer software, recorded
Computer application software for mobile telephones
Training software
Downloadable computer game software via a global computer network and wireless devices
Educational software
Calculators
Cinematographic machines and apparatus
Instruction manuals in electronic format
Downloadable educational course materials
Coin-operated mechanisms
Computers
Smartphones
Computer peripheral devices
Electronic publications, downloadable
Magnetic data carriers, recording discs
Tablet computers.
The mark was filed in class 10 with following description of goods:
Teething rings
Massage apparatus
Surgical apparatus and instruments
Dental equipment
Medical apparatus and instruments, excluding the following goods: Articular protheses and Artificial joints
Electronic online publication of periodicals and books
Publishing services for periodical and non-periodical publications, other than publicity texts
Distance learning services provided online
Teaching services relating to pedagogy techniques
Teaching services relating to pedagogy techniques
University education services
Educational examination
Exhibition services for educational purposes
Provision of recreational activities
Entertainment, education and instruction services
Career counseling [education]
Theatrical floor shows provided at performance venues
University services.
The mark was filed in class 42 with following description of goods:
Computer software design
Computer design services
Computer aided graphic design
Design, maintenance, rental and updating of computer software
Civil engineering consultancy
Software creation
Creating and designing website-based indexes of information for others [information technology services]
Development of computer software for computer aided design/computer aided manufacturing [CAD/CAM]
Computer software design
Hosting web sites
Cloud computing
Providing temporary use of non-downloadable computer software for use in the creation and publication of on-line journals and blogs
Digitization of documents
Platforms for artificial intelligence as software as a service [SaaS]
Computer programming
Research relating to the computerised automation of industrial processes
Research and development of new products for others
Industrial research
Scientific research
Technical research
Industrial analysis services
Industrial analysis and research services
Computer aided design services
Graphic arts design
Technical consultancy services relating to civil engineering
Quality control and authentication services
Maintenance of computer software
Computer programming
Research and expertise in the fields of science, technology, computers, biotechnology, ecology, engineering, chemistry, biology, medicine, mathematics, mechanics, physics, the humanities and the social sciences