The trademark deWiz was filed by West & Bergh Holding AB, a corporation established under the laws of the Kingdom of Sweden (the "Applicant"). The application was published for oppositions on June 13, 2021, and received one opposition filed on September 12, 2021 by Castellum Aktiebolag on Likelihood of confusion. the opponent was represented by TIME DANOWSKY AdvokatbyrÄ AB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 12, 2021
It was designated 'Basic Application' for International Application 1656231 at the World Intellectual Property Organization (WIPO).
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 9 with following description of goods:
Computer software in the form of apps and wearable activity bracelets for tracking the exact position and direction of the hands during golf swings
Computer software in the form of apps and activity bracelets for 3D analysis of golf swings
Computer software in the form of apps and wearable activity bracelets for detecting incorrect golf swings via buzzing learning stimuli
Apparatus or instruments for measuring, recording or assessing sports performance
Apparatus or instruments for measuring, recording or assessing physical performance
Sensors
Transponders
Transmitters
Receivers
Computers
Computer hardware
Computer peripheral devices
Personal electronic devices used to track goals and statistics for fitness, health and wellness
Wearable activity trackers
Smartwatches
Portable digital electronic devices for recording, organizing, transmitting, manipulating, reviewing, and receiving text, data, audio, image, video and digital files
Wearable electronic devices, namely, watches, bracelets, and wristbands that are comprised of software that communicates data to personal digital assistants, smart phones, and personal computers through internet websites and other computer and electronic communication networks
Wearable digital electronic devices comprised primarily of software for alerts, messages, emails, and reminders, and for recording, organizing, transmitting, manipulating, reviewing, and receiving text, data, audio, image, video and digital files and display screens
Sound reproducing and sound recording apparatus
MP3 and other digital format audio players
Digital audio recorders
Radios, radio transmitters, and receivers
Global positioning instruments
Cables, namely charging cables
Pedometers
Altimeters
Computer software
Computer software for alerts, messages, emails, and reminders, and for recording, organizing, transmitting, manipulating, reviewing, and receiving text, data, audio, image, video and digital files
Computer software for use in contactless transactions with retailers, merchants, and vendors via mobile devices used to process mobile payments
Computer software for development of applications
Computer operating system programs for wearable electronic devices
Computer application software for smartphones and mobile devices in the fields of fitness and exercise featuring personal training services, coaching, workouts and fitness
Computer peripheral equipment for use with smartwatches, namely, smartwatch bands and smartwatch straps
Sensors for scientific use to be worn by a human to gather human biometric data
Computer software for monitoring, processing, displaying, storing and transmitting data relating to a user's physical activity
Computer software for managing information regarding tracking, compliance and motivation with a health and fitness program
Computer hardware for use in measuring heart rhythm
Computer hardware for use in taking electrocardiograms
Microphones sold as component features of computers
Rangefinders for golf
Counters and testing instruments for golf clubs
Video cameras for analyzing golf swing
Apparatus for measuring the speed of golf swing
Downloadable electronic books in the field of golf instruction
Electronic publications, downloadable
Downloadable publications.
The mark was filed in class 16 with following description of goods:
Golf yardage books
Golf scorecards
Books in the field of golf instruction
Golf scorecard holders
Printed publications
Periodicals.
The mark was filed in class 35 with following description of goods:
On line sales, in relation the following goods: Activity bracelets
Marketing services, Direct marketing and Resale, in relation the following goods: Apps and software for smartwatches, activity bracelets and consumer electronics
Marketing services, Resale and Direct marketing, in relation the following goods: Electronic portable exercise equipment and portable activity trackers.
The mark was filed in class 38 with following description of goods:
Telecommunication services
Information services in the form of transmission of voice, data, images, sound, video and information via telephone and global communication networks
The provision of access to a global communications network
Transmission of a global positioning system user's location to others via telecommunication and global communication networks
Telecommunications access services
Transmission of voice, data, images, audio, video and information via telephone and global communication networks
Satellite transmissions of messages and data for navigation
Provision of access time to the Internet for accessing websites of others
Advice and consultancy services relating to all the aforesaid services.
The mark was filed in class 41 with following description of goods:
Education
Providing of training
Entertainment services
Sporting and cultural activities
Advisory and consultancy services in relation to all of the aforementioned services.
The mark was filed in class 42 with following description of goods:
Software as a service [SaaS]
Hosting services, software as a service, and rental of software
Software as a service [SaaS] featuring software for deep learning
Software as a service [SaaS] featuring software for machine learning
Platforms for artificial intelligence as software as a service [SaaS]
Drawing (design) and Development, in relation to the following goods: Apps and software for smartwatches, activity bracelets and consumer electronics
Software as a service (SaaS) for design, creation and analysis of data, measurement data and reports in the fields of health, fitness, sleep, nutrition and well-being
Design and development of computer hardware and software
Scientific research
Assistance and consultancy for the development of computer systems, databases and applications
Designing, creating and maintaining electronic commerce websites for others
Advisory and consultancy services relating to all the aforesaid services.