The trademark NOA was filed by KEB Automation KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on June 29, 2023, and received one opposition filed on October 1, 2023 by WH Immobilien GmbH on Likelihood of confusion. the opponent was represented by Donath, Guido and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 1, 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:
Software and Hardware providing a digital Interface (Internet of Things Gateway) enabling connection of users via mobile applications to instruments
Software and hardware featuring a digital interface (Internet of Things gateway), managing the data transmission of instruments to mobile applications
Computer web application software, namely downloadable cloud computer software relating to a digital ecosystem providing access to a secured website forum and platform where users can create custom data management, data analysis and data transfer
Electric and/or electronic control devices, in particular for controlling machines, robots, processing machines, manufacturing installations
Computer programs for running development programs and application programs in a common development environment
Software platforms for providing of a development environment, software development equipment and an application program interface (API) for creating applications for apparatus for the interaction of machines (M2M)
Measuring sensors, Sensory software
All of the aforesaid goods exclusively in relation to the following fields: automation solutions.
The mark was filed in class 41 with following description of goods:
Provision of training courses, Including computerised training
Arranging and conducting of training
The above mentioned services are exclusively used in connection with automation solutions.
The mark was filed in class 42 with following description of goods:
Software as a service (SAAS) services in relation to software for digital ecosystems
Design and development of computer hardware and software for industrial applications, namely Developing and updating computer software, Development and updating of control software
Engineering services, Relating to the following sectors: Commissioning, service and updating of computer programs, Updating of computer programs, Expansion of computer programs, Conversion of computer programs, Research and development relating to new goods, for others, and technical project planning
Consultancy relating to human-machine interfaces for computer software for industrial applications for use in the field of plant construction and mechanical engineering, in the field of renewable energies and in the field of electromobility
Computer-assisted technical data analysis
Design and development of software tools and systems for the analysis of data
Design and development of computer software for process control
Predictive analytics and data science services for providing predictions and recommendations related to the operation, repair, and maintenance of industrial machinery
Predictive analytics and data science services for industrial machinery management and optimization
Predictive analytics and data science services in the field of operational technology
Electronic monitoring and reporting of physical properties of industrial machinery
Installation, maintenance, repair, updating and servicing, including preventative servicing and maintenance, of computer software
All the aforesaid services only in relation to the following fields: automation solutions.