The trademark focally was filed by Zerolens GmbH, a corporation established under the laws of the Republic of Austria (the "Applicant"). The application was published for oppositions on March 7, 2021, and received one opposition filed on June 7, 2021 by SC FOCALITY SRL on Likelihood of confusion. the opponent was represented by Bolintineanu, Magdalena Gabriela and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 7, 2021
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
The Opposition with reference B 003148334 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on July 26, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
3D animation software
3D computer graphics software
Computer programs and software for image processing used for mobile phones
Software for processing images, graphics, audio, video and text
Three dimensional picture manipulators
Data and image processing software for making three dimensional models
Interactive multimedia computer programs
Interactive video software
Augmented reality software for use in mobile devices
Apparatus for the reproduction of images
Virtual reality headsets
Virtual reality hardware
Virtual and augmented reality software
3D spectacles
Graphic art software
3D scanners
Software for generating virtual images.
The mark was filed in class 42 with following description of goods:
Computer aided graphic design
Graphic design of promotional materials
Graphic arts design
Development of software for audio and video operators
Computer-aided design of video graphics
Design and development of image processing software
Development of virtual reality software
Development of interactive multimedia software
Providing temporary use of non-downloadable software to enable sharing of multimedia content and comments among users
Development of software for processing and distribution of multimedia contents.