The trademark МaсBeaver was filed by EVOMUNIO, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on June 22, 2022, and received one opposition filed on September 21, 2022 by Apple Inc. on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Locke Lord LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 21, 2022
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 9 with following description of goods:
Scientific apparatus and instruments
Nautical apparatus and instruments
Surveying apparatus and instruments
Photographic apparatus and instruments
Cinematographic cameras
Optical apparatus and instruments
Weighing apparatus and instruments
Measuring apparatus and instruments
Signalling apparatus and instruments
Checking (supervision) apparatus and instruments
Teaching apparatus and instruments
Coin-operated mechanisms
Cash registers
Computer software (recorded) for use in accounting and Invoicing software (recorded programs), costumer relationship management computer software, Software for team collaboration, Software for process organisation and optimisation in the field of enterprise digitisation, computer software for use in cyber security and data security
Detectors
Wires, electric
Relays, electric
Diving suits
Gloves for divers
Divers' masks
Clothing for protection against accidents, irradiation and fire
Protection devices for personal use against accidents
Fire extinguishers
Spectacles
3D spectacles
Virtual reality headsets
Eyewear
Covers for glasses
Integrated circuit cards [smart cards]
Smartwatches
Batteries, electric
Batteries for electronic cigarettes
Charging stations for electric vehicles
Diagnostic apparatus, not for medical purposes.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Direct mail advertising
Arranging newspaper subscriptions for others
Arranging subscriptions to telecommunication services for others
Presentation of goods on communication media, for retail purposes
Business management and organization consultancy
Book-keeping
Document reproduction
Employment agency services
Business management for freelance service providers
Computerisedfile management, for use in the following fields: Book-keeping and Invoicing, client relationship management, Team collaboration
Computerisedfile management, for use in the following fields: Book-keeping and Invoicing, Organisation and Optimisation of processes in the field of business digitalisation, Data security and Cybersecurity
Web site traffic optimization
Organization of exhibitions for commercial or advertising purposes
Online advertising on a computer network
Rental of advertising time on communication media
Publication of advertising literature
Rental of advertising space
Dissemination of advertising matter
Consultancy regarding advertising communication strategies
Public relations services
Consultancy regarding public relations communication strategies
Business auditing
Commercial intermediation services.
The mark was filed in class 42 with following description of goods:
Technical assessments relating to design
Scientific research
Technical research
Design of accountancy software and Design of software for invoicing, customer relationship management, team collaboration, process organisation and optimisation in the field of business digitalisation, data security and cybersecurity
Development of software for accounting and invoicing, for customer relationship management, for team collaboration, for process organisation and optimisation in the field of business digitalisation, data security and cybersecurity
Research and development of new products for others
Conducting technical project studies
Architecture
Design of interior decor
Design of software for accounting and invoicing, for customer relationship management, for team collaboration, for process organisation and optimisation in the field of business digitalisation, data security and cybersecurity
Installation of computer software for book-keeping and Installation of software for accounting and invoicing, for customer relationship management, for team collaboration, for process organisation and optimisation in the field of business digitalisation, data security and cybersecurity
Maintenance of computer software for book-keeping and Maintenance of software for accounting and invoicing, for customer relationship management, for team collaboration, for process organisation and optimisation in the field of business digitalisation, data security and cybersecurity
Updating of computer software for book-keeping and Updating of software for invoicing, customer relationship management, team collaboration, process organisation and optimisation in the field of business digitalisation, data security and cybersecurity
Rental of software for invoicing and accounting, rental of software for customer relationship management, Leasing of software for team collaboration, process organisation and optimisation in the field of business digitalisation, data security and cybersecurity
Computer programming for accounting and invoicing, for customer relationship management, for team collaboration, for process organisation and optimisation in the field of business digitalisation, data security and cybersecurity
Analysis of computer systems for accounting and invoicing, for customer relationship management, for team collaboration, for process organisation and optimisation in the field of business digitalisation, data security and cybersecurity
Design of computer systems for accounting and invoicing, for customer relationship management, for team collaboration, for process organisation and optimisation in the field of business digitalisation, data security and cybersecurity
Digitization of documents
Software-as-a-service (SaaS) for accounting and Software as a service (SaaS) for invoicing, customer relationship management, team collaboration, process organisation and optimisation in the field of business digitalisation, data security and cybersecurity
Cloud computing
IT consultancy for accounting and invoicing, for customer relationship management, for team collaboration, for process organisation and optimisation in the field of business digitalisation, data security and cybersecurity
Server hosting
Vehicle roadworthiness testing
Graphic arts design
Styling [industrial design]
Authenticating works of art
Energy auditing
Electronic storage of data for accounting and invoicing, for customer relationship management, for team collaboration, for process organisation and optimisation in the field of business digitalisation, data security and cybersecurity.