The trademark ElonTheBrain was filed by Kamil Dunowski, a national of the Republic of Poland (the "Applicant"). The application was published for oppositions on October 5, 2021, and received one opposition filed on January 6, 2022 by ELON Group AB on Likelihood of confusion. the opponent was represented by ADVOKATFIRMAN LINDAHL KB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 6, 2022
The application was filed in Polish, and Polish was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Web application and server software
Computer gaming software
Virtual and augmented reality software
Utility software
Interactive multimedia computer programs
Software
Downloadable software
Computer programmes stored in digital form
Computer software platforms, recorded or downloadable
Video games [computer games] in the form of computer programs recorded on data carriers
Interactive multimedia software for playing games
Computer chatbot software for simulating conversations
Computer application software for streaming audio-visual media content via the internet
Web application software
Software for embedding online advertising on websites
Augmented reality software for education
Office and business applications
Enterprise software
Software for evaluating customer behaviour in online shops
Software for search engine optimisation
Presentation software
Third party search marketing software
Computer software for advertising
Computer software for business purposes
Customer relation management [CRM] software
Business process management [BPM] software
None of the aforesaid goods are related to home or kitchens appliances, white goods or consumer electronics.
The mark was filed in class 16 with following description of goods:
Printed educational materials
Educational and instructional material
Teaching materials [except apparatus]
Paper teaching materials.
The mark was filed in class 25 with following description of goods:
Clothing
Sportswear
Polo shirts
Printed t-shirts
Tee-shirts
Track jackets
Blousons
Sweat shirts
Hooded tops.
The mark was filed in class 28 with following description of goods:
Toys, games, and playthings
Table-top games and gambling devices
Electronic learning toys
Toys
Battery operated toys.
The mark was filed in class 41 with following description of goods:
Production and rental of educational and instructional materials
Production of course material distributed at management courses
Production of course material distributed at professional lectures
Conducting of instructional, educational and training courses for young people and adults
Know-how transfer [training]
Business training services
Computer training
Training in electronics
Training in the development of computer programs
Training relating to computer techniques
Training in communication techniques
Instruction in the development of computers
Training
Adult training
Education in the field of computing
Education and training in the field of electronic data processing
Provision of education on-line from a computer database or via the internet or extranets
Team building (education)
Life coaching (training)
Business training consultancy services
Vocational guidance [education or training advice]
Career information and advisory services (educational and training advice)
Practical training [demonstration]
Training courses relating to data base designs
Provision of training courses in personal development
Training courses in strategic planning relating to advertising, promotion, marketing and business
Self-awareness courses [instruction]
Courses for the development of consulting skills
Tuition in management
Teaching and training in business, industry and information technology
Organisation of training
Arranging and conducting of workshops and seminars in self-awareness
Arranging and conducting of workshops [training]
Arranging and conducting of lectures for educational purposes
Arranging and conducting of seminars
Organisation of courses using distance learning methods
Training in the field of advertising
Training in public relations
Providing computer assisted courses of instruction
Providing information about online education
Providing online videos, not downloadable
Educational services relating to the writing of computer programs
Education services relating to design
Education services relating to communication skills
Education services relating to photography
Management education services
Computer based educational services in the field of business management
Distance learning services provided online
Teaching services for communication skills
Business mentoring services
Training services relating to the use of information technology
Training services relating to occupational health
Training services relating to computer-aided design
Training services relating to speech
Lecture services relating to marketing skills
Providing online courses of instruction
Providing online training seminars
Consultancy on film and music production
Production of educational sound and video recordings