The trademark GENESIS THE CONSTRUCTION MANAGEMENT PLATFORM was filed by Pegaso Ingegneria S.r.l., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on October 9, 2023, and received one opposition filed on January 9, 2024 by GELNESIS on Likelihood of confusion. the opponent was represented by Favrel, Coraline and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 9, 2024
The application was filed in Italian, and Italian 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
Computer operating programs
Industrial software
Computer software platforms
Application software
Enterprise software
Utility software
Business management software
Operating system programs
Document management software
Building management system [BMS]
Data management software
Downloadable mobile applications for the management of information
Business process management [BPM] software
Business performance management [BPM] software
Industrial process control software
Computer programs for project management
Workflow management system software
Detecting apparatus and instruments
Object detecting sensors
Sensors for determining position
Measuring, detecting, monitoring and controlling devices
Personnel tracking devices
Databases
Data processing systems
Computer programmes for data processing
Data processing software for graphic representations.
The mark was filed in class 37 with following description of goods:
Underground civil engineering services
Provision of construction information relating to public works
Installation of utilities in construction sites
Construction services
On site project management relating to the construction of airport facilities
General building contractor services
Installation of environmental control systems
Installation of environmental protection systems
Advisory services relating to the maintenance of environmental control systems
Advisory services relating to the repair of environmental control systems
Installation of computer systems
Installation of computer networks
Installation, maintenance and repair of computer hardware.
The mark was filed in class 41 with following description of goods:
Training of personnel in skills relating to office systems
Staff training services relating to modern office technology
Providing training and educational examination for certification purposes
Development of educational courses and examinations
Courses (Training -) relating to research and development
Computer training
Workshops for training purposes
Organisation of youth training schemes relating to the building industry
Provision of instruction relating to computer programming
Training in the operation of software systems
Training in the use of data processing programs.
The mark was filed in class 42 with following description of goods:
Certification [quality control]
Testing, authentication and quality control
Testing services for the certification of quality or standards
Quality testing of products for certification purposes
Testing, analysis and evaluation of the goods and services of others for the purpose of certification
Software engineering
Computer engineering consultancy services
Engineering services for others
Assessment in the field of science provided by engineers
Estimations in the field of science provided by engineers
Research in the field of science provided by engineers
Estimations in the field of technology provided by engineers
Research in the field of technology provided by engineers
Assessment in the field of technology provided by engineers
Measuring the environment within civil engineering structures
Research on building construction or city planning
Writing of computer software
Software customisation services
Computer systems integration services
Configuration of computer software
Software creation
Computer software design
Installation of computer software
Upgrading of computer software
Software development
Rental of computer software
Updating of computer software
Software as a service [SaaS]
Providing temporary use of non-downloadable software for analyzing financial data and generating reports
Providing temporary use of on-line non-downloadable single sign-on software
Programming of software for inventory management
Rental of software for inventory management
Programming of software for importing and managing data
Rental of software for importing and managing data
Design and development of software for database management
Design and development of computer software for supply chain management
Providing on-line non-downloadable software for database management
Design and development of software for importing and managing data
Providing online non-downloadable software for use in supply chain management
Providing temporary use of on-line non-downloadable software for the management of information
Design and development of computer software for logistics, supply chain management and e-business portals
Platform as a service [PaaS]
Development of computer platforms
Hosting platforms on the Internet
Programming of software for Internet platforms
Creation of computing platforms for third parties
Platform as a service [PaaS] featuring software platforms for transmission of images, audio-visual content, video content and messages
Providing virtual computer environments through cloud computing
Research and development services
Research and development services in the field of engineering
Road surveying
Surveying of defective structures
Data mining
Data warehousing
Online data storage
Recovery of computer data
Data migration services
Design of computer databases
Electronic data storage
Design services for data processing systems
Designing of data processing programmes
Compilation of data-processing programs
Research relating to data processing
Creation of computer programmes for data processing
Technical data analysis services
Creating programmes for data processing
Engineering consultancy relating to data-processing
Rental of software for data processing
Technical advisory services relating to data processing
Providing temporary use of on-line non-downloadable software for the management of data
Providing temporary use of on-line non-downloadable software for the transmission of data
Research relating to the computerised automation of administrative processes
Design and development of testing and analysis methods
Design and development of software for inventory management
Computer project management in the field of EDP
Providing temporary use of on-line non-downloadable software for importing and managing data
Product safety testing
Product quality testing
Product quality control testing
Inspection of goods for quality control
Advisory services relating to product testing.
All of the above services being exclusively related to the fields of architecture and engineering, including infrastructure works, civil and residential construction
To the exclusion of any service rendered in the medical, medicinal or chemical field.