The trademark geminiware was filed by Sascha Röck, a national of the Federal Republic of Germany (the "Applicant") and Timm von Bergen, a national of the Federal Republic of Germany (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on April 2, 2023, and received one opposition filed on April 12, 2023 by Carl Zeiss Microscopy GmbH on Likelihood of confusion. the opponent was represented by ELZABURU, S.L.P. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 12, 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 Apparatus for scientific research and laboratories, Teaching apparatus and Instrumentation simulators, other than the following goods: electro-optic apparatus and instruments, Electron microscopes and Downloadable and recorded content..
The mark was filed in class 35 with following description of goods:
Business assistance, management and administrative services
Advertising, marketing and promotional services
Procurement of goods on behalf of other businesses
Purchasing of goods and services for other businesses
Providing consumer product recommendations
Retail services in relation to audio-visual equipment
Retail services relating to audiovisual equipment
Retail services in relation to computer software
Retail services in relation to educational supplies
Wholesale services in relation to educational supplies
Wholesale services in relation to audio-visual equipment
Wholesale services in relation to computer software
Wholesale services in relation to computer hardware.
The mark was filed in class 37 with Advisory services relating to the installation of audiovisual equipment and Computer hardware and telecommunication apparatus installation, maintenance and repair..
The mark was filed in class 38 with Telecommunication services and Provision and rental of telecommunications facilities and equipment..
The mark was filed in class 41 with following description of goods:
Education, entertainment and sports
Education, entertainment and sport services
Translation and interpretation.
The mark was filed in class 42 with following description of goods:
IT services
Testing, authentication and quality control
Science and technology services.
The mark was filed in class 45 with Licensing of technology and Licensing of computer software [legal services]..