The trademark Aerocene was filed by Tomás Saraceno, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on March 23, 2020, and received one opposition filed on May 24, 2020 by GEMBALLA Limited on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by MS Concept Rechtsanwaltsgesellschaft mbH and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 24, 2020
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on July 4, 2022. Change of name and professional address of the trademark registration was recorded on July 14, 2022.
Goods And Services
The mark was filed in class 9 with following description of goods:
Software
Mobile apps
Electronic databases recorded on computer media
Augmented reality software for use in mobile devices for integrating electronic data with real world environments
Navigating apparatus (Electronic -)
Anemometers
Cell phones
Magnetic data media
Smart bracelets
Data buffers
3D spectacles
Playing devices for sound and image carriers, Recording devices for sound and image carriers
Apparatus and instruments for accumulating electricity
Flight controlling apparatus
Monitors
Digital panel meters
Telescopes
Television apparatus
Safety caps
Balaclavas for protection against accidents, irradiation and fire
Air traffic control apparatus
Computers
Meteorological instruments
Meteorological balloons
Sunglasses
Photovoltaic apparatus for converting solar radiation to electrical energy
Scientific apparatus and instruments
Machine readable data carriers
Microcircuit data carriers
Prerecorded magnetic data carriers
Machine readable media
Downloadable electronic books, coffee table books and magazines
Sports glasses
Spectacles [optics]
Spectacle cases
Bags adapted for laptops
Cases adapted for mobile phones
Cell phone covers.
The mark was filed in class 12 with following description of goods:
Solar powered vehicles
Solar powered aircraft
Rail vehicles
Apparatus for locomotion by water
Apparatus for locomotion by air
Aeroplanes
Airships
Hot air balloons
Helium filled balloons
Airships
Air cushion vehicles.
The mark was filed in class 16 with following description of goods:
Sheet music in printed form
Scrapbooks
Paper and cardboard
Printed matter
Photographs
Books
Coffee table books
Office binders
Document files [stationery]
Instructional and teaching material (except apparatus)
Magazines [periodicals]
Periodicals.
The mark was filed in class 18 with following description of goods:
Casual bags
Handbags
Travel garment covers
Backpacks
Wallets
Purses
Trunks and travelling bags
Leather and imitation leather
Umbrellas
Parasols
Walking sticks.
The mark was filed in class 19 with Statues and works of art made of materials such as stone, concrete and marble, included in the class and Structures and transportable buildings, not of metal..
The mark was filed in class 20 with following description of goods:
Furniture
Mirrors (silvered glass)
Frames
Stools
Cabinet work
Counters [tables]
Statues, figurines, works of art and ornaments and decorations, made of materials such as wood, wax, plaster or plastic, included in the class
Inflatable statues and figurines of plastic textile.
The mark was filed in class 25 with following description of goods:
Clothing
Footwear
Headgear.
The mark was filed in class 28 with following description of goods:
Balloons
Games
Toys
Toys
Video game apparatus
Sporting articles
Remote controlled toys in the form of vehicles
Radio-controlled toy airplanes
Toys, airships
Inflatable toys resembling air vehicles.
The mark was filed in class 38 with following description of goods:
Telecommunications
Electronic transmission of digital photo files, videos and audio visual content among internet users
Telecommunications services, namely, electronic transmission of electronic media, data, messages, graphics, images, audio, video and information
Providing online forums for communication on topics of general interest, namely environment and climate
Providing access to computer databases in the fields of social networks
Peer-to-peer photo and data sharing services, namely, electronic transmission of digital photo files, graphics and audio content among Internet users
Providing an online community forum for users to share and stream information, audio, video, real-time news, entertainment content, or information, to form virtual communities, and to engage in social networking
Providing user access to global computer networks
Broadcasting services over computer or other communication networks, namely, uploading, posting, displaying, tagging, and electronically transmitting data, information, messages, graphics, and images.
The mark was filed in class 39 with following description of goods:
Transport services
Travel arrangement
Transportation of passengers by solar powered aircraft.
The mark was filed in class 41 with following description of goods:
Tuition
Providing of training
Entertainment
Sporting and cultural activities
Entertainment services for sharing audio, image and video recordings
Publishing of electronic publications
Publication of educational materials, namely, publishing of books, journals, newsletters, and electronic publications
Arranging of exhibitions relating to solar energy
Organizing live exhibitions and conferences in the fields of culture, entertainment and social networking for non-business and non-commercial purposes
Entertainment services, namely, providing augmented reality games, interactive entertainment and augmented reality content and experiences
Organizing exhibitions and events for cultural, educational, or entertainment purposes
Multimedia production services
Providing a website featuring publications on art projects, events and technologies relating to aviation and solar energy
Club services [entertainment or education]
Discotheque services
Entertainer services
Entertainment information
Film production, other than advertising films
Production of music
Production of television and radio programs
Production of shows
Publication of books
On-line publication of electronic books and journals (non-downloadable)
Publication of texts, other than publicity texts
Radio entertainment
Recording studios
Theater productions
Information, advice and consultancy services relating to the foregoing.
The mark was filed in class 42 with following description of goods:
Collection of information relating to meteorology
Design services
Engineering design
Visual design
Computer aided design services
Computer aided design services
Illustration services (design)
Scientific design services
Engineering services
Engineering services
Engineering research
Technological engineering analysis
Engineering and computer-aided engineering services