The trademark PHOBIUS was filed by Christian Dingemann, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on September 1, 2020, and received one opposition filed on November 30, 2020 by Phobius OG on (a) Art. 8(4), (b) Mark was filed without authorisation of proprietor. the opponent was represented by GEISTWERT - KLETZER MESSNER MOSING SCHNIDER SCHULTES RECHTSANWÄLTE OG and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 30, 2020
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:
Virtual reality game software
Virtual reality software
Virtual reality glasses
Virtual reality hardware
Virtual reality models
Virtual reality headsets
Virtual Reality [VR] motion simulators
Headsets for virtual reality games
Virtual reality software for simulation
Virtual reality software for education
Virtual reality software for telecommunications
Virtual reality software for medical teaching
Virtual reality headsets adapted for use in playing video games
Virtual and augmented reality software.
The mark was filed in class 42 with following description of goods:
Software development
Design and development of virtual reality software
Design and development of computer game software and virtual reality software
Access Control as a Service (ACaaS)
Consulting services in the field of software as a service [SaaS]
Consultancy and information services relating to software rental
Advisory services relating to the rental of computers or computer software
Consulting in the field of cloud computing networks and applications
Providing temporary use of non-downloadable business software
Providing temporary use of on-line non-downloadable operating software for computer networks and servers
Providing temporary use of non-downloadable software
Providing temporary use of non-downloadable software applications accessible via a web site
Providing temporary use of on-line non-downloadable operating software for accessing and using a cloud computing network
Providing temporary use of non-downloadable interactive entertainment software
Providing temporary use of web-based software
Hosting services, software as a service, and rental of software
Providing software on a global computer network
Electronic storage of medical records
Electronic storage of entertainment media content
Development of virtual reality software
Design of virtual reality software.
The mark was filed in class 44 with following description of goods:
Psychological treatment
Psychotherapy services
Holistic psychotherapy
Providing psychological treatment
Counselling relating to the psychological treatment of medical ailments
Therapy services
Psychological therapy for infants
Insomnia therapy services
Psychological counseling
Psychological counseling of staff
Psychological counseling services in the field of sports
Counselling relating to the psychological relief of medical ailments
Physiotherapy
Mental health services
Individual and group psychology services
Consultancy services relating to personal behaviour
Services of a psychologist
Conducting of psychological assessments and examination