The trademark was filed by Motional AD LLC, a Limited Liability Company (the "Applicant"). The application was published for oppositions on February 11, 2021, and received one opposition filed on March 25, 2021 by Messe München GmbH on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by MITSCHERLICH, PATENT- UND RECHTSANWÄLTE, PARTMBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 25, 2021
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on December 22, 2020. Appointment and Replacement of representative of the trademark registration was recorded on November 22, 2021.
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer software applications, downloadable
Computer software, recorded
Downloadable software for operating and driving vehicles and autonomous vehicles, for navigation and routing of autonomous vehicles, for control of vehicle brake, acceleration, and throttle, for control of vehicle components and systems
Downloadable software for operating and driving vehicles and autonomous vehicles for managing, monitoring, maintaining, and operating vehicle fleets, for providing and managing autonomous vehicles for transportation rideshare and ride hailing services, for providing and managing autonomous vehicles for freight transportation
Downloadable software for operating and driving vehicles and autonomous vehicles for coordinating, scheduling, booking, and dispatching vehicles for passengers and freight transportation, for monitoring components and vehicle systems within autonomous vehicles, for simulating control and operation of autonomous vehicles
Downloadable software for operating and driving vehicles and autonomous vehicles for using artificial intelligence (AI), machine learning, and deep learning for operating autonomous vehicles or managing vehicle fleets, for calibration of vehicle sensors, for data management, for vehicle theft protection
Downloadable software for operating and driving vehicles and autonomous vehicles for remote assistance with operation of autonomous vehicles, for communication with passengers in autonomous vehicles, for communication between vehicles and third party road users, for map creation
Downloadable software for operating and driving vehicles and autonomous vehicles for automating interactions between autonomous vehicles and vehicle passengers, for automating interactions between autonomous vehicles and objects and/or for annotating images, objects or events
Downloadable software development kits (SDK)
Downloadable simulation software for autonomous vehicles
Downloadable mobile applications for coordinating, scheduling, booking, deploying, and dispatching vehicles for passenger and freight transport and delivery services, for scheduling and coordinating transportation services, for managing operations and processes for vehicle fleets and/or for maintaining and troubleshooting autonomous vehicles
Computer hardware and recorded software for controlling steering, braking and acceleration of vehicles, for operation of vehicle controls and systems, for operating, monitoring, and managing autonomous vehicle sensors and systems and/or for wireless communications
Hardware
Computer hardware
Computer hardware for autonomous vehicles
Electric batteries
Electric power converters
Voltage converters
Electric cables
Computer cables
Navigation apparatus for vehicles
Radar apparatus
Lidar apparatus
Cameras
Cameras for use with vehicles
Wireless transmitters and receivers
Transmitters and receivers of electronic signals for communication between autonomous vehicles and cloud infrastructure, other vehicles, and road infrastructure
Occupancy sensors for detecting passengers and objects in a vehicle
Human machine interface systems for use in autonomous vehicles
Touchscreens
Display monitors
Computer keyboards.
The mark was filed in class 12 with following description of goods:
Vehicles
Autonomous and semi-autonomous land vehicles
Trucks
Vans
Buses
Trolleys
Self-driving transport vehicles for passengers, cargo, and freight
Land vehicles and structural parts therefor.
The mark was filed in class 35 with following description of goods:
Compilation of information into computer databases
Data search in computer files for others
Systemization of information into computer databases
Business data analysis
Business management assistance
Business and operational management services relating to vehicle fleets
Business and operational data analysis and business intelligence services for vehicle fleets
Compiling and analyzing statistics, data and other sources of information for business purposes
Compiling and analyzing statistics, data and other sources of information from vehicle fleets for business purposes
Business advisory services in the field of optimization of upstream logistics and supply chains
Business advisory and consulting services in the field of operation and management of autonomous vehicles
Providing information regarding all of the foregoing
Providing business, commercial and consumer information in the fields of vehicles, autonomous vehicles, fleets of autonomous vehicles and vehicle systems and components
To the extent not already limited, all the foregoing services limited to the fields of vehicles, semi-autonomous vehicles, autonomous vehicles, fleets of autonomous vehicles, drones, semi-autonomous drones, autonomous drones, robots, semi-autonomous and autonomous robots.
The mark was filed in class 37 with following description of goods:
Installation, maintenance and repair of computer hardware
Installation, maintenance and repair of autonomous vehicle related hardware
Vehicle maintenance and repair
Providing information regarding all of the foregoing
Providing information in the fields of vehicle maintenance, vehicle repair, and fleet management in the nature of maintenance of vehicles.
The mark was filed in class 39 with following description of goods:
Transportation of passengers
Transportation of goods and cargo
Transportation of passengers and goods by autonomous vehicles
Ride-sharing services, namely, matching of passengers with vehicles
Robo-taxi services
Freighting services
Supply chain logistics and reverse logistic services, namely, storage, transportation and delivery of goods for others by land
Transport and delivery of goods for others
Tracking, locating, and monitoring of vehicles for commercial purposes
Freight and goods delivery logistics management
Fleet management services in the nature of tracking and optimization of fleet vehicles for commercial purposes
Providing information regarding all of the foregoing
Providing information in the fields of transportation, vehicle navigation, ride sharing, supply chain logistics, reverse logistics.
The mark was filed in class 41 with following description of goods:
Education
Providing of training
Training in the use, operation and management of self-driving vehicles and consultation relating thereto
Educational services, namely, providing seminars, conferences, workshops and online instruction in the field of interaction with autonomous vehicles
Providing educational and training information in the fields of vehicles, autonomous vehicles, fleets of autonomous vehicles and vehicle systems and components
To the extent not already limited, all the foregoing services limited to the fields of vehicles, semi-autonomous vehicles, autonomous vehicles, fleets of autonomous vehicles, drones, semi-autonomous drones, autonomous drones, robots, semi-autonomous and autonomous robots.
The mark was filed in class 42 with following description of goods:
Software as a service [SaaS]
Platform as a service [PaaS]
Design and development of computer hardware and software
Maintenance of computer software
Engineering
Scientific and technological services and research and design relating thereto
Product research and development
Vehicle roadworthiness testing
Industrial design
Installation, updating, and maintenance of computer software for use with vehicle on-board computers for monitoring and controlling motor vehicle operation
Installation, maintenance and repair of software for autonomous vehicles
Testing and validation of vehicle software and hardware
SaaS services (i.e., providing temporary use of non-downloadable software) for remote monitoring, coordination, management, and optimization of vehicles, for coordinating and managing services for transporting cargo, goods, and delivery services
SaaS services (i.e., providing temporary use of non-downloadable software) for scheduling, booking, and dispatching vehicles to transport passengers, cargo, and the delivery of goods, for management of transportation rideshare and ride hailing services, for vehicle fleet management and operations
SaaS services (i.e., providing temporary use of non-downloadable software) for autonomous vehicle support including calibration, mapping, simulation, maintenance, repair, and software updates, for data analytics in the fields of transportation, utilities, insurance, mapping, infrastructure, and vehicle fleet management
SaaS services (i.e., providing temporary use of non-downloadable software) for use as an application programming interface (API), for use as a software development kit (SDK) and/or for use for software development
Research and development in the field of autonomous vehicles
Research and development of computer hardware and software for use with vehicle on-board computers for monitoring and controlling motor vehicle operation
Research and development of computer hardware and software for vehicle coordination, vehicle fleet optimization, navigation, calibration, and mapping
Research and development in the fields of artificial intelligence (AI), machine learning, and deep learning
Providing information regarding all of the foregoing
Providing information in the fields of computer software for vehicles, computer hardware for vehicles, electronics for vehicles, artificial intelligence, vehicle testing, autonomous vehicle design, autonomous vehicle development
Providing design and technological information in the fields of vehicles, autonomous vehicles, fleets of autonomous vehicles and vehicle systems and components.