The trademark XPAI was filed by Avantgarde Gesellschaft für Kommunikation mbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on April 3, 2022, and received undefined oppositions.
Opposition Proceedings
There are undefined Oppositions claimed against trademark.
The first opposition filed on June 30, 2022 by xPay Holding AG on Likelihood of confusion. the opponent was represented by SKW SCHWARZ RECHTSANWÄLTE and its proceedings were handled in German The second opposition filed on June 30, 2022 by Columbus Energy S.A. on Likelihood of confusion. the opponent was represented by MERX PATENTES Y MARCAS, S.L.P. and its proceedings were handled in English
It was designated 'Basic Application' for International Application 1698960 at the World Intellectual Property Organization (WIPO).
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on February 22, 2024.
The Opposition with reference B 003173954 was rejected according to Article 8(1)(b) EUTMR with decision issued on March 7, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer hardware
Computer software
Data processing apparatus
Measuring apparatus
Audiovisual and photographic apparatus, and multimedia apparatus
Digital, electric and optical sensors
Sensors for measuring instruments
Microphones
Sound processing and sound recording equipment
Computer programs for processing sound, data and images
Dashboard software
Internet of Things [IoT] gateways
Internet of Things [IoT] sensors
Artificial intelligence software for surveillance
Artificial intelligence software for analysis
Software for monitoring, analysing, controlling and running physical world operations
Electronic control systems
Mobile apps
Cloud servers
All the aforesaid goods, only in relation to the following fields: Recording, assessment and analysis of data and results of events, marketing events, advertising campaigns, public relations and promotional activities.
The mark was filed in class 35 with following description of goods:
Placement of staff, Especially Placement of service personnel and hostesses
Business consultancy and advisory services, in relation to the following fields: Advertising, marketing events and promotional activities based on data and results determined via an AI system of events, marketing events, advertising campaigns, public relations and promotional activities
Database services, Namely of Gathering and systematic ordering of data in computer databases, in relation to the following fields: Assessment and analysis of data and results of events, marketing events, advertising campaigns, public relations and promotional activities.
The mark was filed in class 37 with Updating and maintenance of computer hardware.
The mark was filed in class 42 with following description of goods:
Software development, Computer software design, Rental of computers and computer software, Updating of computer software and Maintenance of computer software, Relating to the following sectors: Recording, assessment and analysis of data and results of events, marketing events, advertising campaigns, public relations and promotional activities
Software as a service [SaaS], Relating to the following sectors: Recording, assessment and analysis of data and results of events, marketing events, advertising campaigns, public relations and promotional activities
Consultancy in the following fields: Software as a service and artificial intelligence for the recording, assessment and analysis of data and results of events, marketing events, advertising campaigns, public relations and promotional activities
Providing artificial intelligence computer programs on data networks, Relating to the following sectors: Recording, assessment and analysis of data and results of events, marketing events, advertising campaigns, public relations and promotional activities
Development and programming of electronic control systems for the recording, assessment and analysis of data and results of events, marketing events, advertising campaigns, public relations and promotional activities
Analysis of telecommunication signals, Relating to the following sectors: Recording, assessment and analysis of data and results of events, marketing events, advertising campaigns, public relations and promotional activities
Computer aided industrial analysis services, Relating to the following sectors: Recording, assessment and analysis of data and results of events, marketing events, advertising campaigns, public relations and promotional activities
Design and development of testing and analysis methods for the recording, assessment and analysis of data and results of events, marketing events, advertising campaigns, public relations and promotional activities
Data mining, Relating to the following sectors: Recording, assessment and analysis of data and results of events, marketing events, advertising campaigns, public relations and promotional activities
Control technology consulting services, Relating to the following sectors: Recording, assessment and analysis of data and results of events, marketing events, advertising campaigns, public relations and promotional activities
Cloud computing, Relating to the following sectors: Recording, assessment and analysis of data and results of events, marketing events, advertising campaigns, public relations and promotional activities.