The trademark AXIGATE was filed by AXIGATE, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on February 14, 2021, and received one opposition filed on May 16, 2021 by Axis AB on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by ADVOKATFIRMAN LINDAHL KB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 16, 2021
The application was filed in French, and French 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:
Optical apparatus and instruments
Weighing apparatus and instruments
Nautical apparatus and instruments
Surveying apparatus and instruments
Measuring apparatus and instruments
Checking (supervision) apparatus and instruments
Signalling apparatus and instruments
Life-saving apparatus and instruments
Scientific apparatus and instruments
Teaching apparatus and instruments
Apparatus and instruments for controlling electricity
Apparatus and instruments for accumulating electricity
Apparatus and instruments for switching electricity
Apparatus and instruments for transforming electricity
Apparatus and instruments for regulating electricity
Apparatus and instruments for conducting electricity
Magnetic data carriers, recording discs
Calculating machines, data processing equipment, computers
Mobile apps
Software
Computer software, recorded
Programs for portable telephones
Software for accessing, connecting, developing and managing distributed application software
Application software
Computer programs for applying artificial life techniques and algorithms
Computer software for uploading, downloading, accessing, publication, display, tagging, blogging, dissemination, linking, sharing or otherwise providing of electronic content or information via communications and computer networks
Computer software for searching, compiling, indexing and organising information on computer networks
Computer hardware, computer software for the search, compilation, indexing and organisation of information in individual work stations and personal computers
Computer software for creating indexes of information, indexes of websites and indexes of other information sources
Recording substrates [magnetic]
Magnetic cards
Optical and magnetic data media
Downloadable software
Electronic publications, downloadable
Cash registers, automatic vending machines and mechanisms for coin-operated apparatus
Fire extinguishers
Calculators
Data processing instruments and computers
Integrated circuit cards [smart cards]
Interfaces (for computers)
Computer software, recorded
Monitors [computer programs]
Computer operating programs, recorded
Recorded computer software and monitors
Computer programs, recorded
Computer programs (downloadable software)
None of the aforementioned goods in relation to access control products, video intercom products, audio intercom products, surveillance products, cameras including but not limited to digital cameras, network cameras, web cameras and IP-cameras, video encoders, video decoders, network document servers, print servers, network video products, radars, speakers, microphones, software and accessories for the above mentioned products
Except in relation to patient medical teleconsultation services.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Retailing and wholesaling of computer software for the medical and social fields
Distribution of trade samples
Clerical services for making appointments, namely the organisation and booking of medical, hygienic care and beauty care consultations
Import and export agencies
Import-export of computer software for the medical and social fields
Cost price analysis, market research
Market studies
Commercial business estimates
Business management assistance
Compilation of statistics
Price comparison services
Commercial information and advice for consumers [consumer advice shop]
Dissemination of advertising matter
Direct mail advertising
Drafting and publication of publicity texts
Publicity columns preparation
Demonstration of goods
Commercial or industrial management assistance
Procurement services for others [purchasing goods and services for other businesses]
Commercial administration of the licensing of the goods and services of others
Administrative and business support services relating to the operation or management of commercial undertakings in the field of health and beauty
Rental of vending machines
Book-keeping
Invoicing
Payroll preparation
Administrative processing of purchase orders
Public relations services
Presentation of computer software on all communication means for retailing
Organisation of exhibitions or trade fairs for commercial or advertising purposes
Cost price analysis
Business management consultancy
Professional business consultancy
Shop window dressing
Business appraisals
Drawing up of statements of accounts
Provision of commercial and business contact information
Business investigations
Updating and maintenance of data in computer databases
Economic forecasting
Sales promotion for others
Market research
Business information research within computer files for others
Business research
Business inquiries
Business efficiency expert services
Collection and systematic ordering of data in a central file
Project studies for businesses
Compilation of statistical data relating to the medical and social field
Computerised compilation of customer or patient indexes
Providing consumer product information
Extraction and retrieval of information by means of global computer networks
Presentation of goods, computer software on all communication means for retailing
Medical and social cost management
None of the aforementioned services in relation to access control products, video intercom products, audio intercom products, surveillance products, cameras including but not limited to digital cameras, network cameras, web cameras and IP-cameras, video encoders, video decoders, network document servers, print servers, network video products, radars, speakers, microphones, software and accessories for the above mentioned products
Except in relation to patient medical teleconsultation services.
The mark was filed in class 41 with following description of goods:
Teaching
Providing of training, including training relating to internet techniques and computer software
Training courses via the Internet
Consultancy relating to the use (providing of training) of internet websites and computer software
Publication of books, newspapers, magazines, journals, periodicals, catalogues, guides, manuals, CD-ROMs, notes, news bulletins and newsletters
Electronic publishing services
Publication of texts (other than publicity texts)
Arranging of competitions for education or entertainment
Organisation and conducting of colloquiums, conferences, congresses, seminars and symposiums
Arranging of exhibitions for cultural or educational purposes
Arranging and conducting of workshops [training]
Practical training [demonstration]
Organization of lotteries
Provision of on-line electronic publications (not downloadable)
Online electronic publication of books, newspapers, journals, periodicals and catalogues (not downloadable)
Entertainment services
Sporting and cultural activities
None of the aforementioned services in relation to access control products, video intercom products, audio intercom products, surveillance products, cameras including but not limited to digital cameras, network cameras, web cameras and IP-cameras, video encoders, video decoders, network document servers, print servers, network video products, radars, speakers, microphones, software and accessories for the above mentioned products
Except in relation to patient medical teleconsultation services.
The mark was filed in class 42 with following description of goods:
Scientific technological services
Technical research
Scientific services and design relating thereto
Technological services and design relating thereto
Scientific research
Industrial analysis and research services
Chemical and biochemical analyses
Design and development of computer hardware and software
Creating and maintaining web sites for others
Conversion of computer programs and data, other than physical conversion
Conversion of data or documents from physical to electronic media
Duplication of computer programs
Computer software design
Updating of computer software
Maintenance of computer software
Installation of computer software
Rental of computer software
Research and development of new products for others
Research and development of computer software (for others)
Advice and consultancy in relation to computer networking applications
Application service provider (ASP), namely, hosting computer software applications of others
Installation and customisation of computer applications software
Computer services, namely, hosting online web facilities for others for organising and conducting online meetings, gatherings and interactive discussions
Computer services, namely, creating virtual communities for registered users to organize groups and events, participate in discussions, and engage in social, business and community networking
Data mining by means of global computer networks
Technical consultancy relating to telecommunications and electronic communications
Conversion of computer data and programs (except physical conversion)
Software design and development
None of the aforementioned services in relation to access control products, video intercom products, audio intercom products, surveillance products, cameras including but not limited to digital cameras, network cameras, web cameras and IP-cameras, video encoders, video decoders, network document servers, print servers, network video products, radars, speakers, microphones, software and accessories for the above mentioned products
Except in relation to patient medical teleconsultation services.