The trademark FindMyTimber was filed by WILLDOR Patent & Varumärken AB, a corporation established under the laws of the Kingdom of Sweden (the "Applicant"). The application was published for oppositions on March 8, 2021, and received one opposition filed on June 8, 2021 by Apple Inc. on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Locke Lord LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 8, 2021
The application was filed in Swedish, and Swedish was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 7 with following description of goods:
Agricultural, gardening and forestry machines and apparatus
Bar code printers [machines]
Labellers [machines]
Stamping machines, other than for office use
Automatic stamping machines
Mechanical stamping tools [parts for machines].
The mark was filed in class 9 with following description of goods:
Scientific, Research services, Navigation, Photography, Cinematographic, sound and images, Optics, Weighing, measuring, signalling, Detection, Of testing and (supervision)
Optical character readers
Scanners [data processing equipment]
Digital sensors
Optical sensors
Laser measuring systems
Laser sensors
Data processing equipment
Checking (supervision) apparatus and instruments
Data processing equipment and accessories (electrical and mechanical)
Apparatus and instruments for recording, transmitting, reproducing or processing of images or data
Data processing apparatus
Optical character recognition apparatus
Computer programmes for data processing
Software
Software in the field of logistics
Computer software relating to the tracking of freights via computer networks, intranets and the internet
Downloadable software
Computer programs for use in computer program design and Database management
Databases
Downloadable software for the management and transmission of information
Application software
Application software for cloud computing services
Software and applications for mobile devices
Monitors [computer programs]
Utility, security and cryptography software
Image analyzers
Optical code readers
Encoding and decoding apparatus and instruments
Logistics software
Bar code readers
Bar code readers
Photographic surveying instruments
Electronic tracking apparatus and instruments
Encryption apparatus
Apparatus and Computer software for use in network communications
Data communications receivers
Time and date recording apparatus
Apparatus and computer software for tracking of information and products
Computer programs for the enabling of access or entrance control
Telecommunications software
Identification labels [encoded]
Electronic tags
Labels with machine-readable codes
Labels carrying optically recorded or encoded information
Electronic encryption units
Downloadable computer software for remote monitoring and analysis
Industrial automation controls
Geographic information system [GIS] software
Computer software for the transmission of positioning data
Apparatus and instruments for geolocation
Optical encoders
Bar code labels, encoded
Electronic encryption units
Electronic coding apparatus
Information carriers [encoded or magnetic]
Mechanised coding apparatus
Labels carrying electronically recorded or encoded information
Labels carrying magnetically recorded or encoded information.
The mark was filed in class 35 with following description of goods:
Retailing relating to agricultural, horticultural and forestry machinery and apparatus
Retailing relating to IT products
Retail services in relation to computer software and hardware
Retailing relating to maps
Retailing relating to digital maps
Retail services in relation to information technology equipment
Retailing relating to apparatus and instruments for science, research, navigation, photography, cinematography, sound and images, optics, weighing, measuring, signalling, detecting, testing and inspection
Compilation of services for others relating to science, research, navigation, photography, cinematography, sound and images, optics, weighing, measuring, signalling, detecting, testing and inspection, enabling consumers to conveniently compare and purchase these services
Compilation of IT products, IT services and telecommunications products and services for others, enabling consumers to conveniently compare and purchase these goods and services
Compilation of agricultural, horticultural and forestry products for others, enabling consumers to conveniently compare and purchase these goods
Compilation of agricultural, horticultural and forestry services for others, enabling consumers to conveniently compare and purchase these services
Mediation of trade business for third parties
Mediation of contracts for purchase and sale of products
Arranging of contracts, for others, for the providing of services
Procuring of contracts for the purchase and sale of goods
Mediation of agreements regarding the sale and purchase of goods.
The mark was filed in class 39 with following description of goods:
Transportation information
Transport services
Advisory and Consultancy services relating to transportation and Logistics.
The mark was filed in class 42 with following description of goods:
IT services
Hosting services, software as a service, and rental of software
Platform as a service [PaaS]
Platform as a service [PaaS] featuring software platforms for transmission of images, audio-visual content, video content and messages
Software development, programming and implementation
Design, maintenance and up-dating of computer software
Coding of messages
Encryption of digital images
Electronic storage of digital images
Testing, authentication and quality control
Crafting, maintenance, Development, Implementation and Updating of computer software
Design and development of software for database management
Software design and development
Providing temporary use of non-downloadable computer software for tracking freight over computer networks, intranets and the internet
Providing temporary use of non-downloadable computer software for logistics
Grading of lumber
Encryption, decryption and authentication of information, messages and data
Encryption of digital images
Data encryption and decoding services
Industrial analysis services
Design and development of computer software for tracking of information and products
Design and development of computer software for logistics and supply chain management
Industrial development services
Development of industrial processes
Computer aided industrial analysis services
Development of IT systems for forestry products and services
Providing on-line non-downloadable software for database management
Providing online, non-downloadable software
Development of computer software relating to forestry products
IT consultancy, advisory and information services
Information technology [IT] consultancy
Development of IT-services for forestry
Online data storage
Programming of computers for the printing of bar codes
Provision of geographical information
Certification services of data transmitted via telecommunications
Computer programming
Data storage via blockchain
Hosting of e-commerce platforms on the Internet
Design and development of computer software for forestry
Development of data bases
Development of IT-services for agricultural, horticultural and forestry products and services
Development of IT-systems for agricultural, horticultural and forestry products and services
Provision of security services for computer access and computerised transactions
Surveying and exploration services
Cartography services
Certification of data via blockchain
Design and development of computer software for logistics.
The mark was filed in class 44 with following description of goods:
Agriculture and forestry services
Providing information about agricultural and forestry services