The trademark was filed by Elemental Machines, Inc., a U.S. corporation (the "Applicant"). The application was published for oppositions on September 20, 2023, and received one opposition filed on December 13, 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 December 13, 2023
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Hardware and/or sensors that measure properties of an electrical system, pressure, humidity, temperature, light, sound, motion, air pressure, air quality, moisture and/or gases
Apparatus for receiving, processing, storing, analyzing, displaying and/or transmitting data
Software and/or programmed hardware for collection, display, transmission and/or analysis of data from hardware and/or sensors that measure properties of an electrical system, pressure, humidity, temperature, light, sound, motion, air pressure, air quality, moisture and/or gases
Software and/or programmed hardware for monitoring of, scheduling of, control of and/or use with laboratory equipment, facility equipment, scientific measuring equipment, computing equipment, manufacturing equipment, environmental monitoring and/or control systems, building management systems, electronic and/or electromechanical systems, and/or control circuits for said systems and/or equipment
Any of the above goods for monitoring of, scheduling of, control of and/or use with laboratory equipment, facility equipment, scientific measuring equipment, computing equipment, manufacturing equipment, environmental monitoring and/or control systems, building management systems, electronic and/or electromechanical systems, and/or for use with process control circuits for said systems and/equipment.
The mark was filed in class 38 with Telecommunication services, namely, providing tactile, audible, and/or visual notification alerts and electronic transmission of data and/or messages..
The mark was filed in class 42 with following description of goods:
Computer services, namely, providing online technology that allows a user to monitor, schedule, and/or control laboratory equipment, facility equipment, scientific measuring equipment, computing equipment, manufacturing equipment, environmental monitoring and/or control systems, building management systems, electronic and/or electromechanical systems, and/or for use with process control circuits for said systems and/or equipment from a remote location
Platform as a service (PAAS) services and/or software as a service (SAAS) services featuring computer software for use with laboratory equipment, facility equipment, scientific measuring equipment, computing equipment, manufacturing equipment, environmental monitoring and/or control systems, building management systems, electronic and/or electromechanical systems, and/or for use with process control circuits for said systems and/or equipment
Providing temporary use of online non-downloadable software, namely, software for collection, processing, storing, analyzing, displaying and/or transmitting data from hardware and/or sensors that measure properties of an electrical system, pressure, humidity, temperature, light, sound, motion, air pressure, air quality, moisture and/or gases.