The trademark CATCUBE was filed by Movecat GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on March 14, 2022, and received two oppositions.
Opposition Proceedings
There are two Oppositions claimed against trademark.
The first opposition filed on June 14, 2022 by GROUPE CANAL+ on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by SANTARELLI and its proceedings were handled in English The second opposition filed on June 14, 2022 by Caterpillar Inc. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by HOGAN LOVELLS and its proceedings were handled in English
The application was filed in German, and German 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:
Machines for the conveyor industry, especially Chain hoists, Sling hoists, Pulleys, Pulleys, Winches, Point hoists, scenery hoists, wall winches
Conveying apparatus
Telescopic lift
Motor-driven cable hoists
Hydraulically, pneumatically or electrically driven lifting devices for lifting and moving loads and people
Platforms for lifting persons
Lifts
Hand operated lifting and conveyor equipment, especially Hoists, Chain hoists, Sling hoists, Pulleys, Pulleys, Winches and Parts for the aforesaid goods, especially Bands and Chains
Hydraulic, pneumatic or electrically driven for overhead and underfloor stage machinery for theatre stages, exhibition buildings, event areas
Electric drive apparatuses for blinds and screens
Gears, other than for land vehicles
Parts for the aforesaid goods, The aforesaid goods included in class 7, especially, Bands and Chains
Welding and soldering machines and devices.
The mark was filed in class 8 with Lifting jacks, hand-operated and Hand operated lifting apparatus for stage and event technology..
The mark was filed in class 9 with following description of goods:
Controllers and regulators for transport, lifting and conveying apparatus
Electric and electronic components for conveyor technology
Control installations
Electronic positioning and calculating devices
Memory programmable control installations
Controllers for controlling stage technology and event technology
Controllers for controlling machines and apparatus for drive and conveyor technology
Automatic control and regulating devices
Connecting modules for electric controls
Temperature indicators
Temperature logging apparatus
Temperature feedback units
Temperature sensors
Heat regulating apparatus
Temperature limiters for machines
Temperature control apparatus [thermostats]
Mobile apps
Interfaces for computers
Elapsed time indicators
Labels with machine-readable codes
Optical code readers
On board electronic systems for automatic braking
Brake control
Monitoring apparatus and instruments, in particular for determining the degree of wear of machines and assessing the remaining useful life
Monitoring control apparatus [electric]
Measuring apparatus
Detecting, monitoring and controlling devices
Inspecting apparatus and instruments
Apparatus for checking the weight and overloading of elevating devices and apparatus, in particular air hoists [parts of machines]
Weight measuring instruments
Chips [integrated circuits]
Boards
Software for operating and managing integrated circuit components
Software for electronic positioning and calculating devices
System software for the automatic exchange of machines and installations [terminal apparatus]
Application software for controlling stage technology and event technology
Software for the control of stage lighting apparatus and instruments
Sensors, Especially, Sensors for recording data, including operational data of machines and other technical installations and data for controlling systems and processes and sensors for mechanical vision
Detectors and monitoring instruments and apparatus
Digital sensors
Sensor controllers
Sensors for measuring instruments
Alarm systems
Electrical cabling, Male connectors for electrical cables
Mounting racks for control and regulating devices for transport, lifting and conveying apparatus.
The mark was filed in class 35 with following description of goods:
Wholesaling and retailing, including via the internet and online shops, relating to machines and hand-operated transport, lifting and conveyor equipment, control and regulating devices, in particular transport, lifting and conveying apparatus, controllers for controlling machines and apparatus for drive and conveyor technology
Retail and wholesale services, Also provided via the Internet, Via an online shop, in relation to the following goods: Electric and electronic components for conveyor technology, control and regulating installations, electronic positioning and calculating devices, Memory programmable control installations
Retail and wholesale services, Including via the internet and via online shops, in relation to the following goods: Measuring devices, Weight measuring instruments and apparatus, Software for controlling and managing circuits incorporated into components, software for electronic positioning apparatus and calculating devices, system software for the automatic exchange of machines and installations [terminal apparatus]
Wholesaling and retailing, including via the internet and online shops, relating to application software for controlling stage and event technology and machines and apparatus for drive and conveyor technology
Retail and wholesale services, Including via the internet and via online shops, in relation to the following goods: Mobile apps, Elapsed time indicators, Chips [integrated circuits], Circuit boards, Cables and plugs being parts of the aforesaid goods, mounting racks for control and regulating devices for transport, lifting and conveying apparatus, Detectors, Detectors and Monitoring instruments and apparatus, Alarm systems.
The mark was filed in class 37 with following description of goods:
Installation, Maintenance and fix In relation to the following goods: Electric and electronic equipment and Electric and electronic installations and Electric and electronic sensors, Communication apparatus, Installations for controlling, regulating and recording objects and data
Remote maintenance of transport, lifting and conveying apparatus, speed and temperature measuring and checking apparatus, sensors, control apparatus for machines, brake controllers, elapsed time indicators and status checking apparatus
Installation and repair of computer systems (hardware)
Installation, maintenance and repair of computer hardware
Installation, repair and/or maintenance of hardware for Internet access
Installation, maintenance and repair services of computer hardware and telecommunication apparatus
Installation, maintenance and repair of telecommunications installations, communications networks, computer networks and data networks
Installation of Access Control as a Service (ACaaS) hardware
Providing of services for remote maintenance of IT installations, machines and industrial installations
Consultancy services for remote maintenance
Building of data centres, insofar as included in class 37
Rental of hand and machine operated lifting equipment and apparatus, and control and regulating devices therefor.
The mark was filed in class 38 with following description of goods:
Providing access to databases, Providing of access to applications
Providing of access to central servers/desktop infrastructures for transmitting data
Providing of access to central servers/desktop infrastructures for transmitting data, whereby remote access is fully independent of the operating systems installed on the computer or other software
Providing of services for access to data and applications in companies
Providing of services for access to data and applications in the cloud
Consultancy services for remote access solutions.
The mark was filed in class 42 with following description of goods:
Technical measuring
Testing of apparatus, equipment and machinery
Conducting research in the field of mechanical engineering, Especially, In relation to the following goods: Transport apparatus, Hoisting apparatus, Conveying apparatus, Controllers for controlling stage and event technology and machines and apparatus for drive and conveyor technology, electric and electronic components for conveyor technology
Development and creating of computer programs, in particular software for drives, drive control apparatus, meters, display apparatus, numerical machine tool controls, software for the inspection and checking (supervision) of machine tools
Design, development, maintenance and function monitoring of software, in particular for Internet of Things applications, artificial intelligence or machine learning applications, remote maintenance, machine-to-machine applications
Software development, Especially, Relating to the following sectors, Remote services, Platform as a service, Providing software as a service, Cloud computing, Metrology, Regulating equipment
Programming of electronic control systems
Programming services, Relating to the following sectors, Software for machines
Development of hardware and software for recording, storing, documenting and retrieving multimedia data, in particular voltage, frequency, temperature, error messages, overload messages, messages relating to remaining useful life
Development of hardware and software for recording, storing, documenting and retrieving information relating to valid accident prevention tests and expert tests
Development of hardware and software for recording, storing, documenting and retrieving digital test books
Computer systems integration services, Including the integration of rental software
Advisory services relating to man-machine interfaces for computer software
Scientific services and research
Technological consultancy
Industrial analysis and research services
Installation services, maintenance, repair, Relating to the following sectors, Systems [software] in the fields of measuring and regulating technology
Consultancy services relating to software solutions for remote access and remote maintenance
Engineering services, Programming, Technical consultancy, Relating to the following sectors, Electronic data processing
Software development, Development of hardware, Relating to the following sectors, Securing computer networks against unauthorised access.