The trademark MEARTH was filed by Mearth Discovery EMEA, a corporation established under the laws of the Grand Duchy of Luxembourg (the "Applicant"). The application was published for oppositions on April 26, 2023, and received one opposition filed on July 26, 2023 by WEARTH GROUP on Likelihood of confusion. the opponent was represented by CABINET LAURENT & CHARRAS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 26, 2023
The application was filed in English, and English was also language of all opposition proceedings (Spanish was selected as the second language).
Goods And Services
The mark was filed in class 5 with following description of goods:
Cells for medical or clinical use
Stem cells for medical purposes
Vascular trees for medical or clinical use
Biological tissue and organoid for medical and clinical use
Pharmaceuticals, medical and veterinary preparations.
The mark was filed in class 6 with following description of goods:
Metal materials for building and construction for use in the design of products that will be used in space / Off‐Earth
Transportable buildings of metal for use in space/Off‐Earth
Transportable modules composed primarily of metal for use as living and working quarters on space vehicles and/or on lunar/planetary surfaces
Transportable modules composed primarily of metal for use as laboratories on space vehicles and/or on lunar/planetary surfaces.
The mark was filed in class 9 with following description of goods:
Satellites
Satellites for scientific purposes
Satellites in the nature of cubesats
Game and entertainment software for virtual reality experiences
Downloadable software for engaging in social networking and interacting with online communities
Downloadable application programming interface (API) for software which facilitates online services for social networking and for data retrieval, upload, download, access and management
Downloadable software for creating, managing, and interacting with an online community
Downloadable software for creating, editing, uploading, downloading, accessing, viewing, posting, displaying, tagging, blogging, streaming, linking, annotating, indicating sentiment about, commenting on, embedding, transmitting, and sharing or otherwise providing electronic media or information via computer and communication networks
Downloadable software, namely, an application providing social networking functionalities
Downloadable software for creating, managing and accessing groups within virtual communities
Downloadable software providing a virtual marketplace
Downloadable software for viewing and interacting with a feed of images, audio-visual and video content, and associated text and data
Downloadable software for creating and managing social media profiles and user accounts
Downloadable software for uploading, downloading, streaming, archiving, transmitting, and sharing images, audio-visual and video content and associated text and data
Downloadable software for advertisers to communicate and interact with online communities
Downloadable software for streaming multimedia entertainment content
Downloadable content for learning management systems, storage systems for papers, negotiating and securing funding and processing contracts
Interactive entertainment software, namely, computer and video game software
Data recorded electronically from the internet, namely, downloadable audio files and downloadable video recordings featuring computer and video game play
Virtual reality platform software for user experiences relating to the virtual world
Downloadable and recorded virtual, extended reality, and immersive technology software
Downloadable and recorded computer software and computer hardware featuring immersive technology and entertainment multimedia content for use in the creation and simulation of immersive effects
Downloadable digital entertainment multimedia files in the field of sports, video games, movies, television shows, music and animation
Virtual, augmented, and mixed reality software for use in enabling computers, mobile devices, to provide virtual reality experiences
Software for integrating electronic data with real world environments for the purposes of entertainment, education, communicating
Virtual reality computer hardware
Virtual reality software for use in enabling computers, mobile devices, to provide virtual reality experiences
Wearable peripherals for computers, mobile devices, namely, configurable head-mounted displays for immersive technology
Software for use in creating and designing virtual reality and augmented reality software
Application programming interface (API) for computer software for developing and creating virtual reality and augmented reality experiences
Downloadable digital goods, namely, art images, comic art, games, music, video clips, collectibles of cryptographic data, and audiovisual media, all authenticated by non-fungible tokens (NFTs)
Quantum software and quantum algorithms, enhanced by artificial intelligence, machine learning, deep neural networks and quantum machine learning
AI software
Adaptive software
Augmented reality software
Software for education purposes
Haptic devices for virtual reality game machines in the nature of physical interface between the virtual world and a user's skin with haptic technology.
The mark was filed in class 12 with following description of goods:
Automatic guided vehicles
Automatically guided material handling tractors
Driverless cars
Electric drives for vehicles
Motorized self-balancing wheeled personal mobility transportation device
Remotely controlled land vehicle
Robotic transport vehicles
Space vehicles
Vehicle chassis
Transportation devices to and from space
Space vehicles, namely, rockets, rocket planes, and orbital launch vehicles
Aircraft, spacecraft, and mixed crafts, namely, airplanes, aeroplanes, spaceships, aeronautical vehicles, astronautical vehicles, rocket planes, rockets, hypersonic aircraft, hyperjets, boost-glide vehicles, waverider vehicles, unmanned aerial vehicles, drones, and parts and fittings for all the aforementioned goods
Space flight vehicles, namely, pressurized and unpressurized cargo carriers and space vehicles for ferrying containers, space laboratories, satellites and CubeSats, and living quarters space modules
All of the aforementioned goods being intended for use in space / Off‐Earth.
The mark was filed in class 19 with following description of goods:
Non-metal building materials used in the fabrication of modules for use as living and working quarters on space vehicles and/or on lunar/planetary surfaces
Transportable modules composed primarily of carbon-based composites and/or synthetic fabric material for use as living and working quarters on space vehicles and/or on lunar/planetary surfaces
Transportable modules composed primarily of carbon-based composites and/or synthetic fabric material for use as laboratories on space vehicles and/or on lunar/planetary surfaces
All of the aforementioned goods being intended for use in space / Off‐Earth.
The mark was filed in class 25 with Clothing, footwear, headwear.
The mark was filed in class 28 with following description of goods:
Games, toys, playthings
Electronic games
Electronic toys
Board games
Toy model kits
Action figures
Haptic devices for virtual reality game machines in the nature of controllers for game consoles.
The mark was filed in class 35 with following description of goods:
Online retail store services relating to clothing
Business consulting services in establishing an Earth and Space based ecosystem, namely consulting services to others in selling and trading products and services between other people and organizations established on Earth and off-Earth
Advertising
Business management
Business administration
Office functions
Marketing
Marketing information
Marketing services
Marketing advisory services
Business marketing services
Advertising services provided via the Internet
Identifying, incubating and growing entrepreneurial and innovative enterprises by providing start-up support
Providing a live forum for companies to showcase, display, demonstrate and promote ideas, products and services
Business consultancy and advisory services
Business consulting services, namely, evaluating and advising businesses in the areas of incubating startup businesses, strategic business planning and development, talent recruitment and retention, marketing and advertising, productivity, and technology integration
Promoting the services of others, namely, business referral services
Business networking services, namely, facilitating business relationships between entrepreneurs, investors, businesses, organizations, and the community
Business administration and management in the nature of management of venture incubating platform
Employment agency services
Business management for freelance service providers
Job and personnel placement
Personnel placement and recruitment
Personnel management
Promoting the goods and services of others by sharing and producing media over the internet through the identification and acceleration of online content that refer to said goods and services
Providing online directory information services also featuring hyperlinks to other websites
Advertising and publicity services
Providing consumer product information, commentary, interviews and reviews in the field of entertainment, music, technology, virtual reality, augmented reality, applications, computers, and the internet
Arranging, conducting, organizing events for business purposes in the fields of immersive technology, virtual reality, and augmented reality
Online retail marketplace for buyers and sellers of downloadable digital goods, namely, art images, comic art, games, music, video clips, collectibles of cryptographic data, and audiovisual media, all authenticated by non-fungible tokens (NFTs).
The mark was filed in class 36 with following description of goods:
Charitable fundraising services
Philanthropic and charitable monetary services relating to raising money and capital for initiatives directed to solving economic, environmental, health, educational, energy, social, space, and governance crises
Real estate services, namely, rental, leasing, and management of temporary living and office modular space on rockets, space-based transportation systems, space and lunar or planetary buildings and facilities
Financial services, namely, investment advice, investment management, investment consultation and investment of funds for others, including private and public equity and debt investment services
Financial services, namely, providing a digital currency and a digital token of value for use by members on an online community via a global computer network
Digital tokens in the nature of issuance of tokens of value
Cryptocurrency trading and exchange services, namely, providing a digital currency or digital token of value
Blockchain services, namely, providing a digital currency or digital token of value for use by members of an online community via a global computer network
Issuance of digital tokens of value
Financial exchange, namely, digital token of value exchange services
Cryptocurrency financial trading services
Cryptocurrency and digital token of value transfer services
Currency trading, namely, on-line real-time digital tokens of value
Issuance of non-fungible tokens of value used with blockchain technology
Issuance of non-fungible tokens of value used with blockchain technology to represent a collectible item
Issuance of non-fungible tokens of value used with blockchain technology for data storage and content access limitation
Real estate services, namely managing and operating living and office modular space on rockets, space-based transportation systems, space and lunar or planetary buildings and facilities
All of the afore‐mentioned services intended to foster working and living in space, inventing, and designing products and services for use in space / Off‐Earth.
The mark was filed in class 37 with following description of goods:
Building construction services provided in space / Off‐Earth
Repair and installation services for air, land, and water based transportation systems and structures for use in space / Off‐Earth
Construction of communities, facilities, building, and modules for use in space / Off‐Earth high pressure and low pressure environments, and on Earth‐gravity, low‐Earth gravity and zero gravity environments.
The mark was filed in class 38 with following description of goods:
Telecommunications services, namely, electronic transmission of data and digital messaging via mobile handheld devices and via wired and wireless communication devices
Telecommunications services, namely, enabling users to electronically transmit messages, text, multimedia content, videos, audio, animation and images via a global computer network
Providing online communications links which transfer website users to other websites
Providing online forums, chat rooms and electronic bulletin boards for transmission of messages among users in the field of general interest
Providing access to computer, electronic and online databases
Audio and video broadcasting services over the Internet, namely, posting, displaying and electronically transmitting data, audio and video
Providing access to computer databases in the fields of entertainment and education
Providing access to computer databases in the field of social networking
Streaming of electronic games on the internet
Providing access to SNS (Social Networking Service) services via the internet
Audio, text and video broadcasting services over the internet or other communications networks
Providing access to computer databases in the fields of social networking and social introduction
Providing electronic bulletin boards for transmission of messages among users in the field of general interest
Providing an online community forum for users to share and stream information, audio, video, real-time news, entertainment content, or information, to form virtual communities, and to engage in social networking
Photo sharing and video sharing services, namely, electronic transmission of digital photo and video files among internet users
Providing access to computer databases and online searchable databases in the fields of social networking and social introduction
Providing access to an online virtual reality for user experiences in virtual world.
The mark was filed in class 39 with following description of goods:
Transportation of goods to and from space by spacecraft, rockets, and rocket planes
Supply chain, logistics, and reverse logistics services, namely, leasing of physical storage space, and arranging for the transportation of goods for other by air
Transportation and delivery services of goods by space
Providing space vehicle launching facilities for others
Launch and placement in prescribed orbit of satellites of others
Launching of satellites for others
Space / Off‐Earth freight transportation services, Space / Off‐Earth passenger transportation services
Air transport
Arranging and booking of travel for space / Off‐Earth travel
Booking of tickets for space / Off ‐Earth travel
Booking of space / Off‐Earth transport
Booking of space / Off‐Earth travel services
Arranging and organization of space / Off‐Earth flights
Airline services
Launching of spacecraft
Arranging and organization of space / Off‐Earth holidays
Airship travel
Reservation and sale of tickets for space / Off‐Earth flight, space / Off‐Earth transport, space flights
Arranging of space travel on behalf of others
Space travel and transportation services
Space travel passenger transportation services
Transportation of property and cargo by space
Launch and placement in space of satellites and spacecraft
Launch services, namely, launching the payloads of others into space
Travel services, namely, arranging high altitude flights
Launching commercial payloads of others in rocket launch vehicles
Travel services, namely, arranging, brokering and leading space flight and space tourism expeditions, and serving as a travel agent for space flight and space tourism
Travel information services, namely, providing travel and tourism information for use in space / Off‐Earth travel
Transportation logistics services, namely, arranging the transportation of goods for others for use in Space / Off‐Earth
Providing transportation information
Providing a website featuring information in the field of space / Off‐Earth transportation
On space / Off‐Earth transportation services
Highspeed air transportation services
Aviation services, namely, suborbital air transportation of passengers and freight by means of hypersonic aircraft
Aviation services, namely, air transportation, freight transportation by air and space vehicles, passenger transportation by space vehicle, air and ground transportation, airport services, travel agency services, namely, making reservations and bookings for space / Off‐Earth transportation, space vehicle transportation services, namely, launching of space vehicles, space travel agency services, namely, booking of transportation into space, and transportation of passengers into space.
The mark was filed in class 41 with following description of goods:
Educational services, namely, conducting conferences and seminars in the areas of entrepreneurship, marketing, career planning, emerging technologies, economics, environment, health, education, energy, social inequalities, governance, and space exploration, Education
Providing of training
Entertainment
Sporting and cultural activities
Academic enrichment programs in the science, technology, engineering and mathematics (STEM) field
Organizing, conducting and operating education and science tournaments
Providing recognition and incentives by the way of awards and contests to demonstrate excellence in the field of economics, environment, health, education, energy, social inequalities, space, and governance
Entertainment services, namely, providing a website that functions as an immersive digital playground by enabling users to view and interact with downloadable digital goods, namely, art images, comic art, games, music, video clips, crypto-collectibles, and audiovisual media, all authenticated by non-fungible tokens (NFTs)
Arranging and conducting business competitions for entrepreneurs, innovators and start-ups to compete for seed capital to facilitate business activities
Arranging, conducting, organizing conferences for business purposes in the fields of immersive technology, virtual reality, and augmented reality
All of the afore‐mentioned services intended to foster working and living in space, inventing, and designing products and services for use in space / Off‐Earth.
The mark was filed in class 42 with following description of goods:
Computer services, namely, hosting electronic facilities for others for organizing and conducting meetings, events and interactive discussions via the Internet
Computer services, namely, creating an online community for registered users to organize groups, events, participate in discussions, share information and resources, and engage in social, business and community networking
Providing temporary use of online non-downloadable software for allowing web site users to communicate information of general interest for purposes of social, business and community networking, marketing, recruitment and employment
Providing a website featuring temporary use of non-downloadable software enabling users to search, locate and communicate with others via electronic communications networks to network, conduct surveys, track online reference to job opportunities and business topics
Computer services in the nature of customized web pages featuring user-defined information, personal profiles, audio and images
Scientific and industrial research in the fields of business and online social networking
Providing a web site featuring temporary use of non-downloadable software allowing web site users to post and display online videos and photos for sharing with others for entertainment purposes
Computer services, namely, creating an on-line community for registered users to participate in discussions, get feedback from their peers, form virtual communities, and engage in social networking featuring social media including photos, audio and video content on general topics of social interest
Rental of a database server to third parties
Technological research in the field of space exploration
Technical and scientific consulting, research and development, engineering, design, and prototyping in the field of aerospace and aerospace-related advance technologies
Computer software design and development services in the field of engineering, design, and modeling of aerospace and aerospace-related advanced technologies
Technical and scientific consulting, research and development, engineering, design, and prototyping in the fields of astronomy, space, outer space exploration, and astronomy research, space research, and outer space exploration research
Providing non-downloadable computer simulation software for modeling space simulation, for monitoring and identifying real-time events and simulating position and movement of objects in space, for spacecraft trajectory design, visualization, and optimization, and for satellite maneuver automation planning and control
Providing non-downloadable computer software in the field of space simulation design, analysis, and operations
Providing non-downloadable computer software for space simulation
Providing temporary use of non-downloadable software for use in education, training, and testing in the field of aerospace, astronomy, space, and outer space exploration
Telecommunications technology consultancy
Space environment analysis, namely, providing scientific analysis of the environments in space
Consulting services relating to designing, integrating, and operating experiments conducted in microgravity
Consulting services relating to on-orbit research and development in microgravity
Technical consultancy in the field of manufacturing on-orbit in microgravity and space
Providing non-downloadable computer software for use in the fields of space travel, space flight, and space transportation, and space travel and transportation logistics
Providing space travel software systems for computers and hardware
Technical research in the field of air and space travel and living in space
Technical consultation in the field of aerospace engineering
Design of aircraft, space vehicles, space habitat buildings, and land vehicles and of parts therefor
Design, development, testing, inspection, engineering services and new product research and development of space vehicles, spaceships, aeronautical vehicles, astronautical vehicles, air and space propulsion systems
Research, design, development, testing, inspection, engineering services and new product research and development for others of space vehicles, space ships, aeronautical vehicles, astronautical vehicles, rocket propulsion systems, structures for space applications, environmental control and life support systems, spacesuits, extravehicular mobility units (EMU), exploration extravehicular mobility units (xEMU), radiation shielding, materials science, life sciences, space science, and aerospace technology
Design and development of game software
Platform as a Service (PaaS) for virtual reality experiences
Computer services, namely, creating virtual communities for registered users to organize groups, meetings, and events, participate in discussions and engage in social, business and community networking
Computer services, in particular, hosting electronic facilities for others for organizing and conducting meetings, events and interactive discussions via the internet and communication networks
Computer services in the nature of providing temporary use of online non-downloadable software that facilitates the creation of customized electronic personal and group profiles or webpages featuring user-defined or specified information, including, audio, video, images, text, content, and data
Providing software featuring technology that enables online users to create personal profiles featuring social and business networking information, to transfer and share such information among multiple online facilities, to engage in social networking, and to manage their social networking accounts on online network environments
Providing on-line non-downloadable software for social networking, creating a virtual community, and transmission of audio, video, images, text, content, and data
Application service provider (ASP) services, namely, hosting software applications of others
Application service provider (ASP) featuring software to enable or facilitate the creating, editing, uploading, downloading, accessing, viewing, posting, displaying, tagging, blogging, streaming, linking, annotating, indicating sentiment about, commenting on, embedding, transmitting, and sharing or otherwise providing electronic media or information via the internet and communications networks
Platform as a service (PAAS) featuring computer software platforms for electronic messaging and transmission of audio, video, photographic images, text, graphics and data
Providing on-line non-downloadable software for electronic messaging
Providing on-line non-downloadable software for sharing and displaying a user's location, planning activities with other users and making recommendations
Providing on-line non-downloadable location-aware software for searching, determining and sharing the location of goods, services and events of interest
Providing temporary use of non-downloadable software applications for creating, managing and accessing user-created and administered private groups within virtual communities
Providing on-line non-downloadable software for providing a virtual marketplace
Providing software featuring technology that enables users to engage in social networking and manage their social networking content on online network environments
Providing on-line non-downloadable software for creating and managing social media profiles and user accounts
Providing on-line non-downloadable software for viewing and interacting with a feed of electronic media, namely, images, audio-visual and video content, live streaming video, commentary, advertisements, news, and internet links
Platform as a service (PAAS) featuring software platforms for social networking, managing social networking content, creating a virtual community, and transmission of images, audio-visual and video content, photographs, videos, data, text, messages, advertisements, media advertising communications and information
Providing on-line non-downloadable software for streaming multimedia entertainment content
Providing on-line non-downloadable software for advertisers to communicate and interact with online communities
Providing on-line non-downloadable software applications for social networking, creating a virtual community, and transmission of virtual content and data
Computer services, namely, hosting electronic on-line web facilities for others for interactive discussions via communication networks
Computer services, namely, creating an online community for registered users to engage in social networking
User verification services, namely, providing user authentication of personal identification information using single sign-on technology for online software applications
Platform as a Service (PaaS) for providing user experiences relating to the virtual world
Consulting and product design services in the fields of computer graphics, computer games, web design, immersive technology and information technology
Installation and maintenance of computer software featuring immersive technology and entertainment multimedia content for use in the creation and simulation of immersive effects
Technical support services, namely, troubleshooting in the nature of diagnosing problems in computer software featuring immersive technology and entertainment multimedia content for use in the creation and simulation of immersive effects for third parties
Technical support services, namely, troubleshooting in the nature of diagnosing problems in equipment creating and simulating immersive effects in home and commercial entertainment systems
Technical support services, namely, troubleshooting in the nature of diagnosing problems in equipment featuring immersive technology for use in the creation and simulation of immersive effects
Graphic design of entertainment multimedia content for use in the creation and simulation of immersive effects
Design of AI software
Software as a service (SAAS) services and platform as a service (PAAS) services featuring software for use in connection with providing a digital platform for navigating digital goods authenticated by non-fungible tokens (NFTs), and NFT marketplaces and auctions
Software as a service (SAAS) services and platform as a service (PAAS) services featuring software for use in connection with providing information about digital goods authenticated by non-fungible tokens (NFTs)
Platform as a service (PAAS) services featuring software platforms for downloading software, data, and image files from the Internet
Providing temporary use of online non-downloadable software for use in electronically trading, storing, sending, receiving, accepting and transmitting digital goods authenticated by non-fungible tokens (NFTs), and managing digital transactions
Scientific research, engineering, pharmacological research, medical research, and development of new products for others in the field of biological fabrication
Scientific research, engineering, pharmacological research, medical research, and development of new products for others in the field of biological fabrication in microgravity environments
Biotech lab setup, namely, medical and scientific laboratory services
Technological consulting in the field of biological tissue fabrication
Bacteriological research
Scientific and medical research and development of biological material
Scientific laboratory services relating to biology of cancer and non-malignant tumors
Scientific laboratory services relating to biology of human and animal tissues, organs, and cells
Laboratory research services relating to in vivo tumor model development and analysis
Scientific laboratory testing relating to cancer therapeutics
Scientific and technological services, namely, tumor model development and analyses in the fields of biology, biotechnology, pharmaceutical, environmental
Consulting services in the fields of biotechnology, pharmaceutical research and development, and laboratory testing
Providing laboratory research services in the field of gene expression, namely, cancer biology, developmental biology, and cellular biology
Laboratory research services in the field of bioengineering, materials science, and tissue engineering
Laboratory research services in the field of determining tumor and tissue responses to microgravity and other physical perturbations
Microgravity processing, namely, scientific and medical research and laboratory services for scientific and medical research in the fields of biotechnology and pharmaceuticals
Research and development of biotechnology products, all of the foregoing provided in a microgravity environment
Technical support, namely, troubleshooting and monitoring of space stations and space shuttles for others
Engineering services in the field of space operations
Product development for others in relation to space stations and space shuttles
Research laboratories for conducting space-based research and designing of manufacturing methods
Space research, microgravity research services, bio-pharma research hardware services, AgTech space-based research hardware and services, satellite research and services
Design and planning of communities, facilities, building, and modules for use in high pressure and low pressure environments, and on Earth-gravity, low-Earth gravity and zero gravity environments
All of the afore‐mentioned services intended to foster working and living in space, inventing, and designing products and services for use in space / Off‐Earth.
The mark was filed in class 43 with following description of goods:
Providing general purpose facilities for meetings, conferences, and seminars
Providing temporary lodging information
Hotel services
Providing food and drink
Providing temporary accommodation
Café
Restaurant
Providing public housing accommodations
Cafeteria services
Bar services
Providing temporary lodging
Travel agency services, namely, making reservations and bookings for restaurants and meals
Provision of information and advisory services relating to the aforesaid services, including the provision of such services via online from a computer network and via the Internet
Providing facilities for business meetings, conferences, and seminars
All of the afore‐mentioned services provided in space / Off‐Earth.
The mark was filed in class 45 with following description of goods:
Legal services
Legal advisory services
Legal consultation services
Regulatory compliance consulting in the fields of governance, policy, and community engagement and alliance development
Licensing of intellectual property
Information and advisory services regarding legal services, intellectual property services, personal and social services, and political policy and government issues
Environmental consultation services in the nature of consultancy on environmental regulatory matters, namely, reviewing standards and practices to assure compliance with environmental laws and regulations
Advice and consultancy on regulatory matters
Providing brand licensing services in the nature of licensing intellectual property to third parties
Selling, brokering, and managing intellectual property for others.