The trademark SWIFT² was filed by NMES Group AB, a corporation established under the laws of the Kingdom of Sweden (the "Applicant"). The application was published for oppositions on March 2, 2022, and received three oppositions.
Opposition Proceedings
There are three Oppositions claimed against trademark.
The first opposition filed on June 1, 2022 by Lloyd IP Limited on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by Koston, Suzanne and its proceedings were handled in English The second opposition filed on May 26, 2022 by Zwift, Inc. on (a) Art. 8(4), (b) Likelihood of confusion. the opponent was represented by BARKER BRETTELL SWEDEN AB and its proceedings were handled in English The third opposition filed on May 10, 2022 by ERBE Elektromedizin GmbH on Likelihood of confusion. the opponent was represented by Rüger Abel Patentanwälte PartGmbB and its proceedings were handled in English
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:
Measuring, detecting, monitoring and controlling devices
Navigation, guidance, tracking, targeting and map making devices
Apparatus, instruments and cables for electricity
Information technology and audio-visual, multimedia and photographic devices
Recorded content
Magnets, magnetizers and demagnetizers
Optical devices, enhancers and correctors
Scientific research and laboratory apparatus, educational apparatus and simulators
Scientific and laboratory devices for treatment using electricity
Databases
Media content
Software
Application software
Artificial intelligence and machine learning software
Firmware and device drivers
Operating systems
Virtual and augmented reality software
Virtual reality software for simulation
Virtual reality game software
Virtual reality software for medical teaching
Virtual reality software for education
Augmented reality software for use in mobile devices
Digital signal processing apparatus
Wearable monitors
Wireless communication apparatus
Parts and fittings for communications apparatus
Apparatus for the transmission of data
Data communications apparatus
Interactive data transfer apparatus
Wireless receivers
Electrical and electronic components
Sensors, detectors and monitoring instruments
Electronic sports training simulators
Instrumentation simulators
Virtual Reality [VR] motion simulators
Computer hardware
Computer software development tools
Magnetically encoded gift cards
Augmented reality game software
Computer peripheral devices
Games software
Virtual reality software
Augmented reality software
Software programs for video games
Interactive multimedia computer game programs
Tablet computers
Headsets for use with computers
Computer software
Augmented reality computer hardware
Virtual reality headsets
Virtual reality glasses
Headsets for virtual reality games
Gesture recognition software
Computer software for controlling the operation of audio and video devices
Headphones
Headsets
Computer operating systems
Cameras [photography]
Projectors
Computer operating system software
Batteries
Battery chargers
Battery boxes
Battery packs
Power banks
Rechargeable batteries
Power adapters
Electrical adapters
Couplings, electric
Loudspeakers
Electronic cables
Wires, electric
Conductors, electric
Cables, electric
Cables for optical signal transmission
Power cables
Microphones
Audio receivers
Wireless computer peripherals
Video receivers
Wireless transmitters
SIM cards
Magnetic data media
None of the foregoing relating to financial communications or the facilitation of financial transactions
None of the aforementioned goods comprising diving related goods.
The mark was filed in class 10 with following description of goods:
Physical therapy equipment
Mobility aids
Hearing protection devices
Clothing, headgear and footwear, braces and supports, for medical purposes
Medical and veterinary apparatus and instruments
Massage apparatus
Massaging apparatus for personal use
Massage apparatus [for medical purposes]
Physiotherapy and rehabilitation equipment
Diagnostic, examination, and monitoring equipment
Apparatus for analysing measured physical signals
Testing apparatus for medical purposes
Pulse rate monitors
Heartbeat measuring apparatus
Apparatus for nerve stimulation
None of the aforementioned goods comprising diving related goods.
The mark was filed in class 25 with following description of goods:
Parts of clothing, footwear and headgear
Footwear
Headgear
Clothing
None of the aforementioned goods comprising diving related goods.
The mark was filed in class 28 with following description of goods:
Toys, games, and playthings
Sporting articles and equipment
Sporting and physical exercise equipment
Electronic hand-held game units
Electronic educational teaching games
Gamepads
Controllers for game consoles
Interactive gaming chairs for video games
Protective carrying cases specially adapted for handheld video games
Video game consoles
Game controllers for computers
Apparatus for electronic games adapted for use with an external display screen or monitor
Joysticks for video games
Hand-held game consoles
Hand-held games with liquid crystal displays
Video game apparatus
Arcade video game machines
Toys
Games
Electronic games
None of the aforementioned goods comprising diving related goods.
The mark was filed in class 35 with following description of goods:
Advertising, marketing and promotional services
Provision of an online marketplace for buyers and sellers of goods and services
Business networking services
Advertising
Online advertisements
Marketing
Dissemination of advertising for others via the Internet
Business management
Business administration
Office functions services
None of the foregoing relating to financial communications or the facilitation of financial transactions
None of the aforementioned services comprising diving related services.
The mark was filed in class 41 with following description of goods:
Education, entertainment and sport services
Organisation of conferences, exhibitions and competitions
Sports and fitness services
Education and instruction services
Rental services relating to equipment and facilities for education, entertainment, sports and culture
Rental of audio/visual and photographic equipment and facilities
Arranging and conducting e-sports competitions
Esports coaching
Electronic games services, including provision of computer games on-line or by means of a global computer network
Interactive computer game services
Organization of electronic game competitions
Production of esports events
On-line gaming services
Video game services
Provision of on-line computer games
Virtual reality game services provided on-line from a computer network
Entertainment services
Electronic publishing services
Publication of instructional literature
Interactive entertainment services
Teaching
Arranging and conducting educational conferences
Training
Sporting and cultural activities
None of the foregoing relating to financial communications or the facilitation of financial transactions
None of the aforementioned services comprising diving related services.
The mark was filed in class 42 with following description of goods:
Design and development of computer hardware and software
Application service provider services
Software as a service [SaaS]
Platform as a service [PaaS]
Software development
Maintenance and repair of software
Science and technology services
Technological research
Scientific research
Design services
IT services
Testing, authentication and quality control
Data duplication and conversion services, data coding services
Computer hardware development
Hosting services, software as a service, and rental of software
Software development, programming and implementation
Rental of computer hardware and facilities
Computer software design
Design and development of wireless data transmission apparatus
Video game software design
Design of computer database software
Design and development of computer game software and virtual reality software
None of the foregoing relating to financial communications or the facilitation of financial transactions
None of the aforementioned services comprising diving related services.
The mark was filed in class 44 with following description of goods:
Human healthcare services
Medical analysis services
Medical services for the treatment of conditions of the human body
Rental of equipment for human healthcare
None of the aforementioned services comprising diving related services.