The trademark NeroStack was filed by Huawei Technologies Co., Ltd., a corporation established under the laws of the People's Republic of China (the "Applicant"). The application was published for oppositions on April 7, 2020, and received one opposition filed on June 23, 2020 by Nero AG on (a) Art. 8(4), (b) Likelihood of confusion. the opponent was represented by KAILUWEIT & UHLEMANN PATENTANWÄLTE PARTNERSCHAFT MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 23, 2020
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Security tokens [encryption devices]
Notebook computers
Laptop computers
Sleeves for laptops
Bags adapted for laptops
Central processing unit (CPU) for information, data, sounds and images processing
Wearable computers
Large-screen liquid crystal displays
Electronic pens
Electronic publications, downloadable
Electronic diary
Personal digital assistants [PDAs]
Black boxes [data recorders]
Integrated circuit cards [smart cards]
Computer stylus pens
Computer memory devices
Computer keyboards
Computer software, recorded
Computer hardware
Flexible flat panel screen displays for computers
Interactive touch screen terminals
Thin client computers
Humanoid robots with artificial intelligence
Electronic sheet music, downloadable
Computer programs, downloadable
Computer software applications, downloadable
Smartphone software applications, downloadable
Tablet computers
Covers for tablet computers
Bracket for tablet
Flat panel display screens
Video and images printer
Downloadable emoticons for mobile phones
Mouse [computer peripheral]
Digital signal processors
Liquid crystal display [LCD] screens
Downloadable graphics for mobile phones
Encoded identity cards
Computer screen saver software, recorded or downloadable
Computer software platforms, recorded or downloadable
Computer operating programs, recorded
Computer programs, recorded
Hand-held electronic dictionaries
Smart rings (data processing)
Smart watches (data processing)
Smart glasses (data processing)
Processors [central processing units]
Pedometers
Facial recognition equipment
Handprint reading machines
Portable digital electronic scales
Scales
Scales with body mass analysers
Bathroom scales
Stored program control telephone exchange equipment
Wearable activity trackers
Transmitters of electronic signals
Modems
Short distance radio equipment
Intercoms
Transmitting sets [telecommunication]
Telephone with internal communication system
Switchboards
Selfie sticks for use with mobile phones
Stands adapted for mobile phones
Telecommunication apparatus in the form of jewellery
Wristband smartphones
Equipment for communication network
Radios
Transponders
Transmissioners and receivers for long range transmission
Smartphones
Protective films adapted for smartphones
Cases for smartphones
Covers for smartphones
Security surveillance robots
Portable media players
Ultra high definition televisions
Car televisions
Wearable video display monitors
Television apparatus
Earphones
Monitoring apparatus, other than for medical purposes
Set-top boxes
Equalizers [audio apparatus]
Electric and electronic effects units for musical instruments
Microphones
Camcorders
Sound transmitting apparatus
Video monitors
Digital photo frames
Headphones
Virtual reality headsets
Car digital video recorders
Loudspeakers
Cabinets for loudspeakers
Liquid crystal display (LCD) televisions
Audio interfaces
Thermal imaging cameras
Cameras [photography]
Selfie sticks [hand-held monopods]
Selfie lenses
Infrared detectors
Teaching robots
Air analysis apparatus
Connected bracelets [measuring instruments]
Gas testing instruments
Biochips
Laboratory robots
Digital weather stations
Optical lenses
USB cable
Materials for electricity mains [wires, cables]
USB cable used for smartphones
Touch screens
Transducer
Electric plugs
Electric sockets
Electronic chip
Electronic key fobs being remote control apparatus
Integrated circuits
Wafers for integrated circuits
Video screens
Chips [integrated circuits]
Printed circuits
Printed circuit boards
Electronic access control systems for interlocking doors
Digital door locks
Alarm central units
Batteries, electric
Battery chargers
Mobile power (rechargeable battery).
The mark was filed in class 38 with following description of goods:
Broadcasting programs via internet
Network broadcasting service
Radio broadcasting
Teleconferencing services
Electronic data transmission
Electronic data interchange [EDI] services
Electronic instructions transmission service
Computer aided transmission of messages and images
Network transmission of sound, image, signal and data
Video-on-demand transmission
Videoconferencing services
Streaming of data
Digital network communication service
Transmission of digital files
Providing internet chatrooms
Providing instant message transmission services
Providing user access to global computer networks
Providing access to databases
Providing communication services via telecasting
Transmission of database information through telecommunication network
Transmission of sound and images by satellite
Message sending
Communications by cellular phones.
The mark was filed in class 42 with following description of goods:
Telecommunications technology consultancy
Conducting technical project studies
Technological research
Scientific research
Research and development of new products for others
Conversion of data or documents from physical to electronic media
Electronic data storage
Recovery of computer data
Computer security consultancy
Computer programming
Conversion of computer programs and data, other than physical conversion
Computer technology consultancy
Development of computer platforms
Updating of computer software
Computer software design
Maintenance of computer software
Computer software consultancy
Computer system design
Consultancy in the design and development of computer hardware
Platform as a service [PaaS]
Development of drive and operating system software
Writing of data processing program
Providing search engines for the internet
Creating and maintaining web sites for others
Providing information relating to computer technology and programming via a web site
Rental of web servers
Web site design consultancy
Information technology [IT] consultancy
Electronic storage service for electronic data archiving