The trademark G3 G3NESIS was filed by CompuGroup Medical SE & Co. KGaA, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on October 3, 2022, and received one opposition filed on December 29, 2022 by Genesis Specialist Care Holding UK Limited on Likelihood of confusion. the opponent was represented by Herbert Smith Freehills Studio Legale and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 29, 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:
Recorded content
Software, In particular application software, Application software for mobile devices, Mobile apps, Computer software (downloadable), Computer software, recorded, Computer software for application and database integration, Computer software for computer aided software engineering, Computer software for remote monitoring and analysis, Workflow applications, Computer operating programs, recorded, Interfaces for computers, Monitors [computer programs]
Media content, Especially, Computer programs and data collections recorded on data carriers, Electronic publications, downloadable, Xray photographs, Other than for medical purposes, X-ray film, exposed
Information technology and audio-visual, multimedia and photographic devices
Data storage devices and media, In particular compact discs (audio-video), Floppy disks, Optical data media, Optical discs, Magnetic tapes
Data processing equipment and accessories (electrical and mechanical), Especially computers and Computer hardware, Computer screens, Monitors [computer hardware], Computer peripheral devices, Computer keyboards, Readers [data processing equipment], Scanners [data processing equipment], Disk drives for computers, Magnetic tape units for computers, Printers for use with computers, Juke boxes for computers, Computers, Notebook computers, Electronic pens [visual display units]
Data processing equipment and accessories (electrical and mechanical), Especially, Memories for data processing equipment, Facsimile and telecopier machines, Word processing apparatus, Central processing units for data processing equipment
Apparatus, instruments and cables for electricity, Especially, Chips, Integrated circuits
Communications equipment, Especially, Phototelegraphy apparatus, Video telephones, Mobile telephones
Audio/visual and photographic devices, In particular digital picture frames, Cinematographic cameras, Cameras [photography], Radiology screens for industrial purposes, X-ray apparatus not for medical purposes.
The mark was filed in class 38 with following description of goods:
Telecommunication services, Especially, Video communication services, Radio calls (paging), Providing wireless telecommunications connections to global computer networks and other communications networks
Computer communication services, Internet access, Especially, Providing access to platforms on the Internet, Providing access to computer programs on data networks, Providing access to and transmission of information and providing access to online data services and information on the Internet, Electronic mail services, electronic messaging services
Computer communication and Internet access, Especially Electronic exchange of messages via chat lines, chatrooms and Internet forums, Computer aided transmission of messages and images, Web messaging, Data-protected transmission of programs and information for the acquisition and management of a database accessible via online computer networks, Transmission of messages and data via wireless digital networks
News agency services, Especially News agencies
Provision and rental of telecommunications facilities and equipment.
The mark was filed in class 41 with following description of goods:
Providing online electronic publications, not downloadable
Publishing, reporting, and writing of texts, specifically Online publication of electronic books and periodicals, Layout services, other than for advertising purposes
Education, entertainment and sport services, specifically, Organising, arranging, conducting, in relation to the following fields: Conferences, Seminars, Courses, Workshops
Audio, video and multimedia production, and photography, in particular microfilming
Publication of statistics.
The mark was filed in class 42 with following description of goods:
IT services
Hosting services, software as a service, and rental of software, In particular interactive hosting services enabling the user to publish and share their own content and images online, Hosting a website for the electronic storage of digital photographs and videos, Rental and maintenance of memory space for use as websites for others (hosting), Rental of web servers, Configuring computer networks by means of software
Software development, programming and implementation, In particular updating of computer software, Software design for others, Computer programming, Computer animation, Computer programming, Creating and maintaining web sites for others, Implementation of computer programs on networks, Care, maintenance and installation of computer software
Rental of computer hardware and facilities, Especially, Computer rental
Data duplication and Data conversion, data coding services, Especially Conversion of computer programs and data (other than physical alteration), Conversion of data or documents from physical to electronic media, Duplication of computer programs
IT security, protection and servicing, in particular the restoration of computer data
IT consultancy and information services, in particular consultancy in the field of computer hardware and software
Design services, Especially, Digital image processing (graphic design)
Science and technology services, Especially Telecommunications engineering consultancy, Scientific reports, Technical research, Medical laboratory services, Construction drafting, Research in databases and on the Internet, for scientific and research purposes, Research and development (for others), Social science consultancy, Technical consultancy