The trademark immoGPT was filed by Immocation GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on March 19, 2024, and received one opposition filed on June 19, 2024 by OpenAI OpCo, LLC on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Stobbs Ireland Limited and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 19, 2024
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Apparatus, instruments and cables for electricity
Downloadable and recorded content
Scientific research and laboratory apparatus, educational apparatus and simulators
Navigation, guidance, tracking, targeting and map making devices
Data recorded electronically from the internet
Data sets, recorded or downloadable
Databases (electronic)
Interactive databases
Audio visual recordings
Computer documentation in electronic form
Electronic databases recorded on computer media
Electronic publications in the field of interactive technology
Application software
Software for monitoring, analysing, controlling and running physical world operations
System and system support software, and firmware
Web application and server software
Artificial intelligence software for analysis
Computer programmes for data processing
Computer programmes stored in digital form
Computer programs, recorded
Computer software
Computer software downloadable from global computer information networks
Computer software downloadable from global computer networks
Computer software downloaded from the internet
Software
Computer software platforms
Computer software platforms, recorded or downloadable
Data processing programs
Downloadable software
Downloadable software for remotely accessing and controlling a computer
Interactive multimedia computer programs
Interactive computer software
Interactive software
Programs for computers
Software and applications for mobile devices
Software downloadable from the internet
Software for tablet computers
Software for smartphones
Machine learning software
Artificial intelligence and machine learning software.
The mark was filed in class 35 with following description of goods:
Advertising, marketing and promotional consultancy, advisory and assistance services
Advertising and marketing consultancy
Consultancy relating to advertising
Consultancy services relating to advertising, publicity and marketing
Providing marketing consulting in the field of social media
Providing advice relating to the analysis of consumer buying habits
Marketing advice
Marketing assistance
Marketing consulting
Business management assistance
Business management and consultancy services
Business management
Business inquiries
Business administration services for processing sales made on the internet
Business management planning
Computerised business management [for others].
The mark was filed in class 36 with following description of goods:
Advisory services relating to real estate ownership
Advisory services relating to real estate valuations
Agency services for the selling on commission of real property
Apartment house management
Apartment locating services for others [permanent accommodation]
Assessment and management of real estate
Commercial real estate agency services
Building management
Computerised information services relating to real estate
Consultancy in the purchasing of real estate
Corporate real estate advisory services
Estate agency
Real estate services
Estate agency services for sale and rental of buildings
Estate management
Estate agency services for sale and rental of businesses
Estate management services relating to transactions in real property
Housing agencies
Housing management
Management of commercial properties
Management of property
Property portfolio management
Providing information relating to real estate affairs, via the Internet
Providing real estate information relating to property and land
Provision of information relating to the property market [real estate]
Provision of information relating to property [real estate]
Real estate acquisition services
Real estate administration
Real estate affairs
Real estate agency services
Real estate brokerage
Real estate consultancy
Real estate and property management services
Real estate management
Real estate management services relating to building complexes
Real estate management services relating to commercial buildings
Real estate procurement for others
Real estate selection and acquisition [on behalf of others]
Real estate settlement services [financial services]
Research services relating to real estate acquisition.
The mark was filed in class 41 with following description of goods:
Arranging and conducting of educational courses
Arranging and conducting of displays for educational purposes
Arranging and conducting of educational events
Arranging and conducting of seminars
Arranging and conducting of training courses
Arranging and conducting of training seminars
Arranging and conducting of workshops [training]
Arranging and conducting of classes
Arranging and conducting of displays for training purposes
Arranging and conducting of in-person educational forums
Arranging and conducting of lectures for training purposes
Arranging and conducting of tutorials
Arranging of demonstrations for educational purposes
Arranging of displays for educational purposes
Arranging of exhibitions for educational purposes
Arranging of presentations for educational purposes
Arranging of workshops
Arranging of training courses
Arranging of workshops and seminars
Business training consultancy services
Business training services
Coaching
Coaching [training]
Coaching in economic and management matters
Coaching relating to finance
Commercial training services
Computer training services
Computerised training in career counselling
Conducting courses, seminars and workshops
Conducting educational workshops in the field of business
Conducting of classes
Conducting of educational courses
Conducting of educational events
Consultancy and information services relating to arranging, conducting and organisation of workshops
Conducting workshops [training]
Conducting training seminars for clients
Consultancy services relating to the development of training courses
Correspondence courses, distance learning
Education services relating to commerce
Educational advisory services
Educational and teaching services
Lecture services relating to marketing skills
Know-how transfer [training]
Production of course material distributed at management courses
Providing of continuous training courses
Providing of education
Providing online training seminars.
The mark was filed in class 42 with following description of goods:
Creating, designing and maintaining web sites
Creating and maintaining computer sites (web sites) for others
Computer website design
Computer graphics services
Design and maintenance of web sites for others
Design and graphic arts design for the creation of web sites
Design and maintenance of computer sites for third parties
Design and graphic arts design for the creation of web pages on the Internet
Design and development of telecommunications networks
Creation of internet web sites
Database design and development
Website development for others
Website development services
Web site design and creation services
Computer analysis
Computer design and programming services
Computer network configuration services
Computer network services
Design and development of computer hardware and software
Providing information about the design and development of computer hardware and software
Development of hardware for processing and distribution of multimedia contents
Development of hardware for multimedia data storing and recalling
Development of computer platforms
Cloud computing
Cloud storage services for electronic data
Data warehousing
Electronic data storage
Electronic data storage and data back-up services
Hosting platforms on the Internet
Platform as a service [PaaS]
Platforms for artificial intelligence as software as a service [SaaS]