The trademark EX MACHINA was filed by Balthasar Egger, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on June 14, 2022, and received one opposition filed on September 12, 2022 by Exmachina on Likelihood of confusion. the opponent was represented by BUZZI, NOTARO & ANTONIELLI D'OULX and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 12, 2022
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 35 with following description of goods:
Marketing
Advice relating to marketing management
Promotional marketing
Brand positioning services
Product launch services
Affiliate marketing
Digital marketing
Influencer marketing
Sales management services
Database marketing
Event marketing
Marketing advice
Marketing consulting
Advertising and marketing
Provision of information relating to marketing
Creative marketing plan development services
Preparation of marketing plans
Estimations for marketing purposes
Analysis of marketing trends
Marketing plan development
Conducting of marketing studies
Marketing agency services
Planning services for marketing studies
Analysis relating to marketing
On-line advertising and marketing services
Statistical evaluations of marketing data
Advertising, marketing and promotional services
Internet marketing
Provision of marketing advisory services for manufacturers
Marketing assistance
Investigations of marketing strategy
Planning of marketing strategies
Development of marketing concepts
Market campaigns
Administration relating to marketing
Provision of marketing reports
Preparation of marketing surveys
Advertising and marketing consultancy
Marketing studies
Business advice relating to marketing
Marketing in the framework of software publishing
Professional consultancy relating to marketing
Advice in the field of business management and marketing
Business advice relating to strategic marketing
Business advice relating to marketing management consultations
Marketing services provided by means of digital networks
Search engine marketing services
Arranging and conducting of marketing events
Providing marketing information via websites
Development of marketing strategies and concepts
Providing marketing consulting in the field of social media
Production of sound recordings for marketing purposes
Consulting services in the field of Internet marketing
Consultancy services in the field of affiliate marketing
Marketing services in the field of web site traffic optimization
Dissemination of advertising, marketing and publicity materials
Consultancy relating to demographics for marketing purposes
Consultancy services relating to advertising, publicity and marketing
Preparation of audio and/or visual displays for businesses
Advertising and marketing services provided by means of social media
Providing business marketing information
Development and implementation of marketing strategies for others
Consumer profiling for commercial or marketing purposes
Marketing the goods and services of others
Distribution of advertising, marketing and promotional material
Research services relating to advertising and marketing
Promotion, advertising and marketing of on-line websites
Information or enquiries on business and marketing
Promotional marketing services using audiovisual media
Advertising and marketing services provided by means of blogging
Advertising and marketing services provided via communications channels
Company management, including consultancy in demographic matters
Advertising, marketing and promotional consultancy, advisory and assistance services
Loyalty scheme services
Commercial information agencies [provides business information, e.g., marketing or demographic data]
Production of advertising films
Production of sound recordings for advertising purposes
Production of advertising matter and commercials
Production of visual advertising matter
Production of video recordings for advertising purposes
Targeted marketing
Public relations services
Updating of advertising information on a computer data base
Updating of advertising material
Analysis of advertising response
Analysis of the public awareness of advertising
Business promotion services provided by audio/visual means
Preparation of advertising material
Preparation of publicity documents
Provision of information relating to advertising
Corporate identity services
Marketing research
Direct marketing
Digital advertising services
Brand strategy services
Publicity services
Online advertising network matching services for connecting advertisers to websites
Advertising agency services
Promotion services
Computerised business promotion
Providing user rankings for commercial or advertising purposes
Providing user reviews for commercial or advertising purposes
Preparing advertisements for others
Preparing and placing advertisements for others
Preparation of custom advertisements for others
Production of advertising material
Advertising analysis
Design of advertising materials
Design of marketing surveys
Design of advertising logos
Development of advertising concepts
Developing promotional campaigns for business
Design of advertising flyers
Design of advertising brochures
Development of promotional campaigns
Brand creation services
Brand creation services (advertising and promotion)
Referral marketing
Analysis of advertising response and market research
Web indexing for commercial or advertising purposes
Business assistance relating to business image
Assistance to management in commercial enterprises in respect of advertising
Management assistance for promoting business
Providing assistance in the field of product commercialization
Publication of publicity texts
Issuing and updating of advertising texts
Trade marketing [other than selling]
Sales promotion
Film directing of advertising films
Television advertising
Evaluating the impact of advertising on audiences
Dissemination of data relating to advertising
Preparation of trade publicity texts
Preparation of publicity publications
Preparation of advertisements
Post-production editing of advertising or commercials
Market prospecting
Lead generation services
Layout services for advertising purposes
Advertising services provided via the internet
Information services relating to advertising
Presentation of companies and their goods and services on the Internet
Presentation of companies on the Internet and other media
Press advertising services
Placing advertisements for others
Planning services for advertising
Pay per click advertising
Arranging of product launches
Arranging and conducting marketing promotional events for others
Arranging and conducting of advertising events
Arranging and conducting of promotional events
Search engine optimization for sales promotion
Search engine optimisation
Web site traffic optimization
Online advertising on a computer network
Advertising by transmission of on-line publicity for third parties through electronic communications networks
On-line promotion of computer networks and websites
Online advertisements
Publication of publicity materials on-line
Collection of information relating to advertising
Response advertising
Services with regard to product presentation to the public
Product marketing
Producing promotional videotapes, video discs, and audio visual recordings
Production of infomercials
Editing of publicity texts
Trade promotional services
Promoting the designs of others by means of providing online portfolios via a website
Copywriting for advertising and promotional purposes
Writing of publicity texts
Preparation of publicity leaflets
Copywriting
Scriptwriting for advertising purposes
Arranging of competitions for advertising purposes
Arranging of advertising in cinemas
Arranging of presentations for advertising purposes
Organisation of trade fairs for advertising purposes
Business assistance relating to corporate identity
Business marketing services
Sales promotions at point of purchase or sale, for others
Publicity and sales promotion services
Sales promotion using audiovisual media
Promoting the goods and services of others through advertisements on Internet websites
Promoting the goods and services of others via a global computer network
Promoting the goods and services of others via computer and communication networks
Promoting the goods and services of others through infomercials
Promoting the goods and services of others
Promoting the music of others by means of providing online portfolios via a website
Sales promotion for others
Providing a searchable online advertising guide featuring the goods and services of other on-line vendors on the internet
Preparation of advertising campaigns
Preparation and realization of media and advertising plans and concepts
Preparing promotional and merchandising material for others
Publication of printed matter for advertising purposes in electronic form
Publication of printed matter for advertising purposes
Displaying advertisements for others
Publication of publicity materials and texts
Publication of publicity materials
Electronic publication of printed matter for advertising purposes
Reproduction of advertising material
Advertising, including on-line advertising on a computer network
Advertising
Promoting the goods and services of others over the Internet
Advertising services to create corporate and brand identity
Advertising services to create brand identity for others
Graphic advertising services
Advertising services relating to the commercialization of new products
Advertising services relating to the sale of goods
Advertising of business web sites
Promoting the sale of goods and services of others through promotional events
Advertisement for others on the Internet
Promotion of goods through influencers
Business promotion
Compilation, production and dissemination of advertising matter
Compilation of statistics relating to advertising
Advertising particularly services for the promotion of goods
Advertising, promotional and public relations services
Advertising through all public communication means
Advertising services for the promotion of e-commerce
Advertising and promotion services and related consulting
Compilation of advertisements
Compilation of advertisements for use on the internet
Compilation of advertisements for use as web pages on the Internet
Competitive intelligence services
Advisory services relating to corporate identity
Corporate image studies
Advertising services relating to the provision of business
Advertising for others
Advertising of cinemas
Dissemination of advertisements
Advertising services provided via a data base
Publicity columns preparation
Consultations relating to business advertising
Consultancy relating to advertising
Dissemination of advertising for others
Consultancy regarding advertising communication strategies
Dissemination of advertising via online communications networks
Dissemination of advertising for others via an on-line communications network on the internet
Promoting the sale of the services [on behalf of others] by arranging advertisements
Provision of space on web-sites for advertising goods and services
Advertising via electronic media and specifically the internet
Dissemination of advertising for others via the Internet
Consultations relating to business promotion
Advisory services relating to sales promotion
Handbill distribution
Consultancy relating to advertising and promotion services
Dissemination of advertising and promotional materials
Organisation of promotions using audiovisual media
Research services relating to advertising
Customer loyalty services for commercial, promotional and/or advertising purposes
Distribution of publicity texts
Distribution of promotional matter
Distribution of advertising material
Dissemination of advertising matter
Dissemination services of advertisement matter
Distribution and dissemination of advertising materials [leaflets, prospectuses, printed material, samples]
Dissemination of advertising matter by mail
Distribution of publicity materials (flyers, prospectuses, brochures, samples, particularly for catalogue long distance sales) whether cross border or not
Corporate communications services
Word processing
Presentation of goods on communication media, for retail purposes
Consultancy relating to search engine optimisation
Public relations consultancy
Assistance to management in commercial enterprises in respect of public relations
Consultancy regarding public relations communication strategies
Media relations services
Consulting services in the field of development of advertising concepts
Provision of an online marketplace for buyers and sellers of goods and services
Providing business information via a web site
Business management and organization consultancy
Advisory services and information in business organization and management
Business inquiries
Provision of computerised data relating to business
Provision of business and commercial information
Cost price analysis.
The mark was filed in class 41 with following description of goods:
Lecture services relating to marketing skills
Training courses in strategic planning relating to advertising, promotion, marketing and business
Production of music
Consultancy on film and music production
Music composition services
Composition of music for others
Know-how transfer [training]
Photography
Aerial photography
Photographic imaging services by drone
Audio and video production, and photography
Audio, video and multimedia production, and photography
Film production services
Movie studio services
DVD and CD-ROM film production
Film and video tape film production
Production of television and cinema films
Correspondence courses
Distance learning services provided online
Correspondence courses, distance learning
Conducting of correspondence courses
Presentation of live performances
Production of live shows
Production of live performances
Arranging and presenting of live performances
Recording studio services
Training in the field of advertising
Arranging of seminars relating to advertising
Scriptwriting services
Provision of audio and visual media via communications networks
Training in public relations.
The mark was filed in class 42 with following description of goods:
Graphic arts design
Draughtsman's services
Art work design
Industrial and graphic art design
Graphic design
Computer aided graphic design
Graphic illustration design
Graphic design of promotional materials
Graphic design of advertising logos
Computer graphics design services
Design and graphic arts design for the creation of web sites
Graphic design for the compilation of web pages on the internet
Design and graphic arts design for the creation of web pages on the Internet
Brand design services
Design of typefaces
Designing of packaging and wrapping materials
Computer-aided design of video graphics
Design of brand names
Consultancy relating to the design of packaging
Design of logos for corporate identity
Creating of home pages for computer networks
Web site design consultancy
Designing websites for advertising purposes
Consultancy relating to the creation and design of websites for e-commerce
Consultancy relating to the creation and design of websites
Consultancy relating to the design of home pages and Internet sites
Consultancy relating to the design of homepages and Internet pages
Packaging design
Packaging design for others
Business card design
Providing information in the field of architectural design via a website
Design of graphics and of livery for corporate identity.