The trademark GEMINI was filed by Würth International AG, a corporation established under the laws of the Swiss Confederation (the "Applicant"). The application was published for oppositions on August 28, 2022, and received one opposition filed on November 28, 2022 by Gemini IP, LLC on Likelihood of confusion. the opponent was represented by MANITZ FINSTERWALD PATENT- UND RECHTSANWALTSPARTNERSCHAFT MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 28, 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 9 with following description of goods:
Data processing software for graphic representations
Scheduling software
3D computer graphics software
3D animation software
Virtual reality software
Virtual reality software for simulation
Augmented reality software
Enterprise resource planning [ERP] software
Optimisation software
Software
Software for monitoring, analysing, controlling and running physical world operations
Artificial intelligence and machine learning software
Virtual and augmented reality software
Data processing programs for visual product configuration and for structuring comprehensive article lists
Information technology and audio-visual, multimedia and photographic devices
Recorded content
Data processing equipment and accessories (electrical and mechanical)
Computer hardware
None of the aforementioned goods for financial transactions, in particular in connection with currencies, credit and debit cards, funds.
The mark was filed in class 35 with following description of goods:
Computerised stock ordering
Purchasing services
Business data analysis services
Business assistance, management and administrative services
Advertising, marketing and promotional services
Retail services in relation to metal hardware
Retail services in relation to furnishings
Retail services in relation to hand-operated implements for construction
Retail services in relation to hand-operated tools for construction
Wholesale services in relation to metal hardware
Wholesale services in relation to furnishings
Wholesale services in relation to hand-operated implements for construction
Wholesale services in relation to hand-operated tools for construction
Provision of information and advisory services relating to e-commerce
Procurement of contracts [for others]
Procuring of contracts for the purchase and sale of goods
Arranging of contracts for the purchase and sale of goods and services, for others.
The mark was filed in class 39 with following description of goods:
Storage of goods
Consultancy services relating to storage
Packaging and storage of goods
Advisory services relating to the storage of goods.
The mark was filed in class 40 with Custom manufacture of furniture and Manufacture of furniture to order and specification of others..
The mark was filed in class 42 with following description of goods:
Design services for furniture
Design services for furniture
Design services for furniture
Planning and design of retail premises
Construction drafting
Computer assisted engineering design services
Space planning [design] of interiors
Services for the design of business premises
Services for the design of business premises
Shop interior design
Design of shops
Services for the planning [design] of offices
Digital asset management, none of the aforementioned for financial services
Design services for furniture
Providing online, non-downloadable software, none of the aforementioned for financial services
Design services
IT services, none of the aforementioned for financial services
Engineering drawing
Civil engineering planning services
Engineering services
Hosting services, software as a service, and rental of software, none of the aforementioned for financial services
Graphic illustration services for others
Science and technology services
Technological research
Scientific services and design relating thereto
Technological services and design relating thereto
Scientific research
Industrial analysis and research services
Design and development of computer hardware
Design, development and programming of computer software, none of the aforementioned for financial services.