The trademark LUMENARK was filed by Commonwealth Scientific and Industrial Research Organisation, a corporation established under the laws of the Commonwealth of Australia (the "Applicant"). The application was published for oppositions on August 2, 2022, and received one opposition filed on November 2, 2022 by Luminar, LLC on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Fieldfisher LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 2, 2022
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on October 4, 2022.
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer software
Computer software (programs)
Computer software (recorded)
Computer software applications (downloadable)
Computer software for use in controlling machines
Computer software packages
Computer software platforms, recorded or downloadable
Computer software products
Computer software programs
Data processing software.
The mark was filed in class 12 with Vehicles and Autonomous vehicles..
The mark was filed in class 35 with following description of goods:
Business consultancy
Data management
Data processing
Data collection (for others).
The mark was filed in class 38 with Data transmission.
The mark was filed in class 42 with following description of goods:
Software as a service (SaaS)
Provision of online non-downloadable software (application service provider)
Computer software consultancy
Computer support services (programming and software installation, repair and maintenance services)
Consultancy in the design and development of computer hardware
Engineering consultancy
Research, engineering and technical consultancy for industry
Scientific consultancy
Technological consultancy
Mapping services
Computerised data storage services
Technical data analysis services
Industrial design
Engineering design
Consultancy in the design and development of computer software