The trademark STRUCTURE was filed by Occipital, Inc., a U.S. corporation (the "Applicant"). The application was published for oppositions on November 2, 2021, and received one opposition filed on February 2, 2022 by ORTEGA GIL, JOSE LUIS on (a) Art. 8(4), (b) Identity of marks and Goods and Services, (c) Likelihood of confusion. the opponent was represented by PONS IP, S.A. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 2, 2022
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
The Opposition with reference B 003163408 was refused according to Article 8(1)(b) EUTMR with decision issued on April 17, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer hardware for capturing three-dimensional images, namely, computer hardware for enabling tablet computers, smart-phones, and personal computers to capture the geometry of three-dimensional objects and environments
Computer hardware accessories, namely, mounting and attachment brackets and cables
Computer software and computer software development kits comprising device drivers, compiled libraries and executable development tools that enable the capturing and processing of three-dimensional images
Downloadable electronic learning materials, namely, tutorials, and instructional demos, all in the field of three-dimensional image capture and computing.
The mark was filed in class 42 with Providing a website that provides product specifications, sample code and technical documentation relating to computer hardware and software for enabling tablet computers, smart-phones and personal computers, to capture the geometry of three dimensional objects and environments and software as a service for processing three dimensional image data..