The trademark application was filed by Unity IPR ApS, a corporation established under the laws of the Kingdom of Denmark (the "Applicant"). Application refused.
The application was filed in English (German was selected as the second language).
The Refusal with reference B 018525035 was Rejected according to Article 7(1)(b) EUTMR with decision issued on April 5, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Downloadable and recorded computer software for creating computer applications, computer games, online games, online computer applications, multi-player computer games, interactive 3D game and non-game worlds, mixed 3D and 2D content, films, television programs, videos, and digital media
Downloadable computer software for creating, operating, transferring, and displaying building information modeling (BIM), computer assisted design (CAD) models, and scans of real-world objects into real-time 3D renderings, virtual reality, augmented reality, and mixed reality
Downloadable software plugins for exporting design data, building information modeling (BIM), computer assisted design (CAD) models, and scans of real-word objects
Downloadable computer software for data federation
Downloadable computer software for input, output, and display of live-linked interactive 3D renderings, virtual reality, augmented reality, and mixed reality for collaborative design
Downloadable and recorded computer software for enabling remote access to computer software for creating computer applications, computer games, online games, online computer applications, multi-player computer games, interactive 3D game and non-game worlds, mixed 3D and 2D content, films, television programs, videos and digital media
Downloadable and recorded computer software for enabling, operating, and displaying computer applications, computer games, online games, online computer applications, multi-player computer games, interactive 3D game and non-game worlds, mixed 3D and 2D content, films, television programs, videos and digital media
Downloadable computer software for visual scripting to create game play mechanics and interactive systems for computer applications, computer games, online games, online computer applications, multi-player computer games, interactive 3D game and non-game worlds, mixed 3D and 2D content, films, television programs, videos, and digital media
Downloadable computer software featuring a real-time 3D product configurator for designing and configuring vehicles
Downloadable and recorded computer software for editing images, sound, video, and digital media
Downloadable and recorded computer game software
Downloadable and recorded computer software for video game development and operation
Downloadable and recorded computer software for creating virtual, augmented, mixed reality, and extended reality experiences
Downloadable and recorded computer software, namely, software for digital virtual agents, intelligence agents, predictive systems, cognitive process automation, visual computing applications, knowledge virtualization, robotics, natural language processing, genetic and deep learning algorithms, reinforcement learning, semantic ontologies, pattern recognition, knowledge modeling technologies, cognitive enhancement in respect of experience and productivity, accelerating processes, automation and autonomy in the field of artificial intelligence
Downloadable computer-aided design (CAD) software for general use
Downloadable and recorded computer software for driving simulation and guidance
Downloadable software development kits (SDK)
Downloadable and recorded computer software for enabling service providers to optimize user monetization, marketing, and satisfaction
Downloadable and recorded computer software for enabling processing of mobile payments
Downloadable and recorded computer software for providing an online database in the field of transaction processing to upload transactional data, provide statistical analysis, and produce notifications and reports
Downloadable and recorded computer software for delivery of online advertising
Downloadable and recorded computer software, namely, software for the delivery of educational materials, tutorials, certification tests, and exams in the fields of software development and digital content creation
Downloadable computer software for broadcasting, electronic transmission, and streaming of digital media content
Electronic downloadable educational publications, instructional materials, educational materials, teaching materials, tutorial materials, study materials, self-study preparation materials, namely, magazines, newsletters, guides, and manuals, and electronic downloadable practice exams in the fields of software development and digital content creation.
The mark was filed in class 35 with following description of goods:
Job placement
Job and personnel placement
Connecting qualified service providers, namely, software developers and digital content developers, with consumers, clients, and employers
Testing to determine professional competency in the fields of software development and digital content creation
Providing a website for connecting qualified service providers, namely, software developers and digital content developers, with consumers, clients, and employers
Providing job placement services via mobile applications
Operating an online marketplace for sellers and buyers of goods and services in the fields of computer software, software development, gaming, game development, virtual reality, augmented reality, mixed reality, extended reality, technology, computer networking, film, television programs, digital media, artificial intelligence, advertising, and business management
Online retail store services featuring digital media in general
Distributorship services in the fields of computer applications, computer games, online games, online computer applications, multi-player computer games, interactive 3D video games, mixed 3D and 2D content, namely, films, television programs, videos, and digital media in general
Business networking services, namely, providing an online platform for matching software developers and digital content creators with software and digital content publishers for business purposes
Arranging and conducting business conferences in the fields of computer software, software development, gaming, game development, virtual reality, augmented reality, mixed reality, extended reality, technology, computer networking, film, television programs, digital media, artificial intelligence, advertising, and business management
Business monitoring and consulting services, namely, analyzing web sites, digital goods, namely, downloadable software, mobile applications and digital media, digital content, and the applications of others to provide strategy and insight regarding marketing, sales, purchasing decisions, and product design for business purposes
Market research services relating to the collecting, tracking, analyzing, integrating, controlling, managing, displaying, and reporting of online and mobile application advertising and marketing information and data of digital content providers, namely, providing traffic metrics, statistics, user activity data, audience click traffic, website visit measurement, consumer purchasing and spending, and marketing and advertising reports
Data analytics services, namely, analysis of advertising, marketing, sales, customers, product usage, and market trends and actions
Online advertising on a computer network
Providing information online relating to advertising and business management
Business administration of loyalty programs
Business consulting services in the field of real-time software simulations-based virtual cinematography and production for film, television, commercials, animations
Business consulting services in the field of real-time processing and rendering, simulation, production, and directing of real-time software simulations-based virtual cinematography for film, television, commercials, animations.
The mark was filed in class 41 with following description of goods:
Multimedia publishing of software
Entertainment services, namely, providing temporary use of non-downloadable computer games
Production of video games
Providing video game information online relating to video and computer gaming services, namely, virtual reality, augmented reality, mixed reality, and extended reality gaming information
Providing information online relating to film production and television program production
Conducting educational conferences, seminars, workshops, lectures, and webcasts featuring live and audio-visual presentations all in the fields of computer software, software development, gaming, game development, virtual reality, augmented reality, mixed reality, extended reality, artificial intelligence, technology, computer networking, film, television programs, digital media, advertising, and business management, and publishing and distributing educational materials in connection therewith
Non-downloadable electronic publications in the nature of online educational training material, namely, magazines, newsletters, guides, and manuals, in the fields of building information modeling (BIM) software, computer assisted design (CAD) software, digital virtual agents, intelligence agents, predictive systems, cognitive process automation, visual computing applications, knowledge virtualization, robotics, natural language processing, genetic and deep learning algorithms, reinforcement learning
Semantic ontologies, pattern recognition, knowledge modeling technologies, cognitive enhancement in respect of experience and productivity, accelerating processes, automation, autonomy, and artificial intelligence
Providing educational certification classroom training programs, tutorial sessions, education testing, and related review courses in the fields of software development and digital content creation and related study resources
Educational services, namely, electronic distribution of training material namely, non-downloadable electronic educational publications, instructional materials, educational materials, teaching materials, tutorial materials, study materials, self-study preparation materials, namely, magazines, newsletters, guides, and manuals, and non-downloadable electronic practice exams in the fields of software development and digital content creation used for training purposes
Educational services, namely, conducting training classes and seminars in the fields of software development and digital content creation
Cinematography services
Publishing and distributing educational materials in connection business conferences in the fields of computer software, software development, gaming, game development, virtual reality augmented reality, mixed reality, extended reality, technology, computer networking, film, television programs, digital media, artificial intelligence, advertising, and business management.
The mark was filed in class 42 with following description of goods:
Platform as a service (PAAS) featuring computer software platforms for creating computer applications, computer games, online games, online computer applications, multiplayer computer games, interactive 3D game and non-game worlds, mixed 3D and 2D content, films, television programs, videos and digital media
Platform as a service (PAAS) featuring computer software platforms for enabling, operating, and displaying computer applications, computer games, online games, online computer applications, multi-player computer games, interactive 3D game and non-game worlds, mixed 3D and 2D content, films, television programs, videos and digital media
Platform as a service (PAAS) featuring computer software platforms for editing images, sound, video, and digital media
Platform as a service (PAAS) featuring computer software platforms for video game development and operation
Platform as a service (PAAS) featuring computer software platforms for creating virtual, augmented, mixed reality, and extended reality experiences
Platform as a service (PAAS) featuring computer software platforms for digital virtual agents, intelligence agents, predictive systems, cognitive process automation, visual computing applications, knowledge virtualization, robotics, natural language processing, genetic and deep learning algorithms, reinforcement learning, semantic ontologies, pattern recognition, knowledge modeling technologies, cognitive enhancement in respect of experience and productivity, accelerating processes, automation
And autonomy in the field of artificial intelligence
Platform as a service (PAAS) featuring computer software platforms for computer-aided design (CAD) software for general use
Platform as a service (PAAS) featuring computer software platforms that allow users to participate in early access events, advisory panels, forums, and discussions and provide feedback through virtual communities and communication networks
Computer services, namely, creating an on-line community for users to participate in discussions and provide information and feedback in the field of computer software and technology
Providing quality assurance services in the field of computer software
Software as a service (SAAS) featuring a real-time 3D product configurator for designing and configuring vehicles
Providing temporary use of non-downloadable software for driving simulation and guidance
Providing temporary use of non-downloadable software for enabling service providers to optimize user monetization, marketing, and customer satisfaction
Providing temporary use of non-downloadable software for enabling processing of mobile payments
Providing temporary use of non-downloadable software for creating, operating, transferring, and displaying building information modeling (BIM), computer assisted design (CAD) models, and scans of real-world objects into real-time 3D renderings, virtual reality, augmented reality, and mixed reality
Providing temporary use of non-downloadable software enabling data federation
Providing temporary use of non-downloadable software that enables input, output, and display of live-linked interactive 3D renderings, virtual reality, augmented reality, and mixed reality for collaborative design
Providing information online relating to the fields of building information modeling (BIM) software, computer assisted design (CAD) software, interactive 3D content, virtual reality, augmented reality, mixed reality, and design
Providing temporary use of non-downloadable computer software for browsing and accessing digital media
Providing temporary use of non-downloadable computer software for transmission and display of digital media
Providing online non-downloadable software for broadcasting, electronic transmission, and streaming of digital media content
Application service provider, namely, hosting, managing, developing, and maintaining applications, software, and websites of others in the fields of advertising and marketing
Providing temporary use of online non-downloadable cloud computing software for use in sending, receiving, transforming, transcoding, enhancing, securing, monetizing, measuring, recording, and managing media over the internet and telecommunications networks, namely, video, audio, and data
Cloud computing featuring software for use in database management
Design and development of computer game software, virtual and augmented reality software, and digital content creation software
Computer services, namely, creating an online virtual community for registered users to participate in discussions, get feedback from their peers, form virtual communities and engage in social networking services in the fields of computer software, software development, gaming, game development, virtual reality, augmented reality, mixed reality, extended reality, artificial intelligence, technology, computer networking, film, television programs, digital media, advertising, and business management
Providing cloud based software development services for creating applications, games, multi-player games over a network, and digital content
Providing cloud based software development services for running software executables at scale for model training and testing
Research and development of computer software
Research and development of technology in the field of artificial intelligence
Design, development, and implementation of software for digital virtual agents, intelligence agents, predictive systems, cognitive process automation, visual computing applications, knowledge virtualization, robotics, natural language processing, genetic and deep learning algorithms, reinforcement learning, semantic ontologies, pattern recognition, knowledge modeling technologies, cognitive enhancement in respect of experience and productivity, accelerating processes, automation, autonomy
And artificial intelligence
Providing temporary use of online non-downloadable software and applications for enabling online advertising
Testing, analysis, and evaluation of the knowledge, skills, and abilities of others in the fields of software development and digital content creation to determine conformity with certification standards
Providing information online relating to the fields of video game development services
Providing information online advanced product research in the field of artificial intelligence
Providing website with non-downloadable game software