The trademark KIWITRON was filed by KIWITRON S.R.L., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on June 29, 2022, and received one opposition filed on September 25, 2022 by TRON - Translationale Onkologie an der Universitätsmedizin der Johannes Gutenberg- Universität Mainz gemeinnützige GmbH on Likelihood of confusion. the opponent was represented by metaCom LEGAL and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 25, 2022
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 7 with following description of goods:
Automated robotic handling apparatus for loading and unloading of goods
Industrial pneumatic tools
Pneumatic tools [machines]
Industrial robots
Lift installations
Machines for hoisting
Elevating apparatus
Mechanical and pneumatic hoisting apparatus
Remotely controlled lifting machines
Cargo handling machines
Handling machines
Robotic handling apparatus
Moving and handling equipment.
The mark was filed in class 9 with following description of goods:
Firmware
System and system support software, and firmware
Firmware and device drivers
Software
Application software
Computer application software
Computer software applications, downloadable
Computer software platforms
Motion control software
Computer programmes for data processing
Business management software
Augmented reality software
Electromechanical software
Security software
Computer software for the creation of firewalls
Industrial automation software
Virtual assistant software
Product engineering software
Electrical engineering software
Factory automation software
Robotic Process Automation [RPA] software
Home automation software
Mechanical engineering software
Logistics software
USB hardware
Computer hardware
Computer hardware for telecommunications
Computer hardware
Microchips [computer hardware]
Communications servers [computer hardware]
Mounting racks for computer hardware
Computer hardware for signal processing of audio and video
Telemetry apparatus
Telemetry devices for engine applications
Industrial automation controls
Computer software to automate data warehousing
Measuring devices
Optical measuring components
Electronic measurement sensors
Digital measuring apparatus
Cloud servers
Cloud server software
Cloud network monitoring software
Switchgear [electric]
Flow control installations [electric]
Computer systems
Operating systems
Electronic control systems
Data processing systems
Artificial intelligence apparatus
Artificial intelligence and machine learning software
Image processing software for in-vehicle cameras
Motion-activated cameras
Security cameras
Infrared cameras
Digital video cameras
Closed circuit television cameras
All the aforementioned goods not in relation to the following fields: Medicine and Biotechnology.
The mark was filed in class 12 with Mechanical handling trucks and Pneumatic tyres..
The mark was filed in class 35 with following description of goods:
Retail services in relation to computer software
Wholesale services in relation to computer software
Marketing the goods and services of others.
The mark was filed in class 37 with following description of goods:
Installation of computer hardware
Repair and maintenance of computer and telecommunications hardware
Maintenance of computer hardware
Installation of computer systems.
The mark was filed in class 42 with following description of goods:
Computer hardware development
Design of computer hardware
Rental of computer hardware and computer software
Computer hardware development
Rental of computer hardware and facilities
Design services relating to computer hardware and to computer programmes
Research and development services relating to computer hardware
Development of computer hardware for the manufacturing industries
Design of computer hardware for the manufacturing industries
Mechanical engineering
Research relating to mechanical engineering
Research relating to the computerised automation of industrial processes
Land surveying
Rental of measuring apparatus
Design of measurement systems
Cloud computing
Providing virtual computer systems through cloud computing
Design and development of operating software for accessing and using a cloud computing network
Programming of operating software for accessing and using a cloud computing network
Development of computer systems
Computer system analysis
Designing of electronic systems
Design of information systems
Designing of electrical systems
Engineering services relating to robotics
Installation of firmware
Configuration of computer firmware
Development of computer firmware
Computer rental and updating of computer software
Updating of computer software
Configuration of computer software
Computer software consultancy
Advisory services relating to computer programming
Maintenance and updating of computer software
Consultancy in the field of security software
Computer software design
Installation of computer software
Rental of computer software
Maintenance and updating of computer software
Computer systems integration services
Research in the field of artificial intelligence
Platforms for artificial intelligence as software as a service [SaaS]
Providing artificial intelligence computer programs on data networks
All the abovementioned services not in relation to the following fields: Medicine and Biotechnology.