The trademark was filed by Elemental Machines, Inc., a U.S. corporation (the "Applicant"). The application was published for oppositions on July 16, 2023, and received one opposition filed on October 15, 2023 by EMnify GmbH on Likelihood of confusion. the opponent was represented by LORENZ SEIDLER GOSSEL RECHTSANWÄLTE PATENTANWÄLTE PARTNERSCHAFT MBB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 15, 2023
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Change of name and address of the trademark registration was recorded on April 11, 2023.
Goods And Services
The mark was filed in class 9 with following description of goods:
Sensors that measure pressure, humidity, temperature, light, sound, motion, air pressure, air quality, moisture and/or gases
Software and programmed hardware for collection, display, and analysis of data sensors that measure pressure, humidity, temperature, light, sound, motion, air pressure, air quality, moisture and/or gases
Software and programmed hardware that transmits data from hardware and sensors that measure pressure, humidity, temperature, light, sound, motion, air pressure, air quality, moisture and/or gases to a remote server
All of the foregoing for use in environmental monitoring systems, environmental control systems, consumer electronics products, scientific measuring equipment, computing equipment, medical devices, and manufacturing equipment
Software and programmed hardware for use in medical settings, medical environmental monitoring systems, and medical environmental control systems, namely, software and programmed hardware for collection, display, and analysis of data from sensors that measure pressure, humidity, temperature, light, sound, motion, air pressure, air quality, moisture, gases, vital signs, biofeedback, biometrics, and/or analytes
Software and programmed hardware for use in medical settings, medical environmental monitoring systems, and medical environmental control systems, namely, software and programmed hardware that transmits data from hardware and sensors that measure pressure, humidity, temperature, light, sound, motion, air pressure, air quality, moisture, gases, vital signs, biofeedback, biometrics, and/or analytes to a remote server.
The mark was filed in class 38 with Telecommunication services, namely, providing tactile, audible, and/or visual notification alerts via the internet and electronic transmission of messages..
The mark was filed in class 42 with following description of goods:
Computer services
Providing online technology that allows users to monitor and/or control an environmental control system at a remote location via an internet website
Providing online technology for use with environmental monitoring systems and/or environmental control systems that facilitate increased energy efficiency via an internet website
Platform as a service (PAAS) featuring computer software platforms that facilitate environmental monitoring and/or environmental control systems
Software as a service (SAAS) services featuring computer software for use with environmental monitoring and/or environmental control systems
Providing online technology for use with electronic and/or electro-mechanical systems that monitor and/or control an environmental control system via an internet website
Platform as a service (PAAS) featuring computer software platforms that facilitate monitoring and/or control of electronic and/or electromechanical systems
Software as a service (SAAS) services featuring computer software for monitoring and/or controlling of electronic and/or electro-mechanical systems
Providing temporary use of online non-downloadable software
Software as a service (SAAS) featuring software for use in medical settings, medical environmental monitoring systems, and medical environmental control systems, software for collection, display, and analysis of data from sensors that measure pressure, humidity, temperature, light, sound, motion, air pressure, air quality, moisture, gases, vital signs, biofeedback, biometrics, and/or analytes, and software that transmits data from hardware and sensors that measure pressure, humidity, temperature, light, sound, motion, air pressure, air quality, moisture, gases, vital signs, biofeedback, biometrics, and/or analytes to a remote server
Providing downloadable software for use in medical settings, medical environmental monitoring systems, and medical environmental control systems, for collection, display, and analysis of data from sensors that measure pressure, humidity, temperature, light, sound, motion, air pressure, air quality, moisture, gases, vital signs, biofeedback, biometrics, and/or analytes, and that transmits data from hardware and sensors that measure pressure, humidity, temperature, light, sound, motion, air pressure, air quality, moisture, gases, vital signs, biofeedback, biometrics, and/or analytes to a remote server
Providing temporary use of non-downloadable software for use in medical settings, medical environmental monitoring systems, and medical environmental control systems, for collection, display, and analysis of data from sensors that measure pressure, humidity, temperature, light, sound, motion, air pressure, air quality, moisture, gases, vital signs, biofeedback, biometrics, and/or analytes, and that transmits data from hardware and sensors that measure pressure, humidity, temperature, light, sound, motion, air pressure, air quality, moisture, gases, vital signs, biofeedback, biometrics, and/or analytes to a remote server.