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 two oppositions.
Opposition Proceedings
There are two 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 null 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).
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.
The mark was filed in class 35 with following description of goods:
Advertising
Marketing
Promotional consultancy, design and implementation in the field of sponsoring for businesses
Public relations services
Event marketing
Arranging and conducting of advertising events, exhibitions and trade fairs for commercial or advertising purposes
Sales promotion for others
Placement of staff, Especially Placement of service personnel and hostesses
Business and organization consultancy
Arranging commercial transactions, for others
Market research, market analysis, opinion polling
Database services, namely Gathering and systematic ordering of data in computer databases
Service, Advisory and consultancy, in relation to the following fields: Customer loyalty programmes, Incentive programs, Bonus schemes
Providing of information and consultancy in relation to e-commerce.
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, Conceptualisation of software, Rental of computers and computer software, Updating of computer software, Maintenance of computer software
Development, Design, letting, In relation to the following goods: Computer hardware
Software as a service [SaaS]
Counselling, Relating to the following sectors: Providing software as a service, Artificial intelligence
Providing artificial intelligence computer programs on data networks
Development of electronic control systems, Programming of electronic control systems
Analysis of telecommunication signals
Computer aided industrial analysis services
Evaluation, Assay services, Relating to the following sectors: Product design, Product development
Design and development of testing and analysis methods