The trademark NXRT Metaride was filed by Nekonata XR Technologies GmbH, a corporation established under the laws of the Republic of Austria (the "Applicant"). The application was published for oppositions on July 13, 2023, and received one opposition filed on October 12, 2023 by Bayerische Motoren Werke Aktiengesellschaft on Likelihood of confusion. and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 12, 2023
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:
Virtual Reality [VR] motion simulators
Interactive computer systems
Virtual and augmented reality software
Computer programs for providing an all-around view for a vehicle
Computer programs to operate vehicles
Computer programmes for data processing
Computer programs for use in the autonomous navigation of vehicles
Computer programmes for image processing
Image recognition software
Editing software
Speech recognition software
Training software
Entertainment software
Instrumentation simulators
Sports training simulators
Simulation software
Simulation software [entertainment]
Virtual reality software for simulation
Augmented reality software
Augmented reality game software
Augmented reality computer hardware
Augmented reality software for simulation
Augmented reality software for education
Simulators for simulating the operation of land vehicles
Simulators for the steering and control of vehicles
Computer hardware
Software
Software for product development
Driver assistance systems for motor vehicles.
The mark was filed in class 35 with following description of goods:
Retail services in relation to computer software
Retail services in relation to computer hardware
Advertising, marketing and promotional services
Advertising and marketing
Advertising
Promotion, advertising and marketing of on-line websites
Direct marketing.
The mark was filed in class 41 with Art exhibitions using virtual reality and Training services provided via simulators..
The mark was filed in class 42 with following description of goods:
Programming of software for evaluating customer behaviour in online shops
Development of virtual reality software
Design of virtual reality software
Rental of computer hardware
Design services relating to computer hardware and to computer programmes
Advisory and consultancy services relating to computer and video games software.