The trademark GEMAC was filed by GEMAC Chemnitz GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on January 25, 2023, and received one opposition filed on April 24, 2023 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 April 24, 2023
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:
Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments
Mechanisms for coin-operated apparatus
Sensors, detectors and monitoring instruments and apparatus
Inclination sensors
Yaw rate sensors
Acceleration sensors
Electrical sensors
Optical sensors
Electro-optical sensors
Photoelectric sensors
Piezoelectric sensors
Ultrasonic sensors
Digital sensors
Biochip sensors
Sensors for machine tools
Sensors for measuring instruments
Plant control sensors
Control devices for sensors
Inertial measurement systems
Circuit boards for use in the industrial automation, medical, agricultural and alternative energy sectors, mobile machines, automotive and craft engineering, marine industry and aircraft construction
Printed circuit boards with electronic components for use in the industrial automation, medical, agricultural and alternative energy sectors, mobile machines, automotive and craft engineering, marine industry and aircraft construction
Measuring devices for CAN-based bus systems
Software for use in the industrial automation, medical, agricultural and alternative energy sectors, mobile machines, automotive and craft engineering, marine industry and aircraft construction
Software for recording and analyzing traffic in the industrial automation, medical, agricultural and alternative energy sectors, mobile machines, automotive and craft engineering, marine industry and aircraft construction
Bus monitoring software
Measuring and testing devices for bus monitoring
Fieldbus diagnostic devices
Apparatus and instruments for controlling electricity
Apparatus and instruments for storing electricity
Apparatus and instruments for switching electricity
Apparatus and instruments for converting electricity
Apparatus and instruments for regulating electricity
Apparatus and instruments for conducting electricity
Torque sensors
Flow sensors
Presence sensors.
The mark was filed in class 40 with following description of goods:
Custom manufacture of semiconductor components, devices and circuits
Custom assembling of electronic components for PDAs
Printing of circuit boards
Printing of circuit boards.
The mark was filed in class 41 with following description of goods:
Training courses in the industrial automation, medical, agricultural and alternative energy sectors, mobile machines, automotive and craft engineering, marine industry and aircraft construction
Device training in the industrial automation, medical, agricultural and alternative energy sectors, mobile machines, automotive and craft engineering, marine industry and aircraft construction
Initial and continuing education in the industrial automation, medical, agricultural and alternative energy sectors, mobile machines, automotive and craft engineering, marine industry and aircraft construction.
The mark was filed in class 42 with following description of goods:
Industrial analysis and research services
Design and development of computer hardware and software in the industrial automation, medical, agricultural and alternative energy sectors, mobile machines, automotive and craft engineering, marine industry and aircraft construction
Software creation in the industrial automation, medical, agricultural and alternative energy sectors, mobile machines, automotive and craft engineering, marine industry and aircraft construction
Software consulting in the industrial automation, medical, agricultural and alternative energy sectors, mobile machines, automotive and craft engineering, marine industry and aircraft construction
Software engineering in the industrial automation, medical, agricultural and alternative energy sectors, mobile machines, automotive and craft engineering, marine industry and aircraft construction
Design and simulation of electrical/electronic systems
Development of components, assemblies and devices for microelectronics, microsystems technology, micromechanics, automation technology and data technology, namely application-specific circuits (ASICs), hybrid circuits, sensors, actuators, printed circuit boards, controllers, monitoring devices, measuring systems, identification systems, information input and output devices, information and signal processing equipment in the industrial automation, medical, agricultural and alternative energy sectors, mobile machines, automotive and craft engineering, marine industry and aircraft construction
Development of application solutions in microelectronics, micromechanics, Microsystems technology and automation technology and planning of technical projects in the fields of microelectronics, micromechanics, microsystems technology and automation technology, creating programs for data processing in the industrial automation, medical, agricultural and alternative energy sectors, mobile machines, automotive and craft engineering, marine industry and aircraft construction
Scientific and technological services
Technological research
Scientific services and the related design
Technological services and related design
Scientific Research
Technological and engineering consultancy services.