The trademark Gardia was filed by Microsynetics GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on October 8, 2024, and received one opposition filed on October 21, 2024 by Stockly on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 21, 2024
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:
Application software for social networking services via internet
VPN [virtual private network] operating software
Computer software for wireless content delivery
Computer software for communicating purposes between microcomputers
Communications processing computer software
Computer software for wireless network communications
Data communications software
Digital telephone platforms and software
Communication software
Telecommunications software
Computer software for recording sound
Computer software for controlling the operation of audio and video devices
Computer software for use in creating and designing websites
Computer software to enhance the audio-visual capabilities of multimedia applications
Interactive video software
Multimedia software
Closed circuit TV [CCTV] software
Software to control and improve audio equipment sound quality
Computer software to enhance the audio-visual capabilities of multimedia applications, namely, for the integration of text, audio, graphics, still images and moving pictures
Business intelligence software
Computer utility programs for file management
Document management software
Computer software for database management
Computer software for analysing market information
Database server software
Database engines
Data management software
Interactive database software
File sharing software
Software for the integration of artificial intelligence and machine learning in the field of Big Data
Software for searching and retrieving information across a computer network
Operating systems
Operating system programs
Computer software for the monitoring of computer systems
Content access software
Utility software
Parental control software
Sensory software
Security software
Computer software for biometric systems for the identification and authentication of persons
Software for the operational management of portable magnetic and electronic cards
Electronic device software drivers that allow computer hardware and electronic devices to communicate with each other
Device drivers
Server software
Wearable portable media players
Audiovisual apparatus
Voice command devices
Sync generators
Sound and picture recording apparatus
Audio- and video-receivers
Identity cards, encoded
Encoded identification bracelets, magnetic
Microcircuit data carriers
Data storage devices and media
Information carriers [electric or electronic]
Information storage apparatus [electric or electronic]
Computers and computer hardware
Data retrieving devices
Data terminals
Data processing terminals
Humanoid robots having communication and learning functions for assisting and entertaining people
Virtual reality hardware
Computer networking and data communications equipment
Radio transceivers
Handheld communication devices
Distance recording apparatus
Digital bathroom scales
Bathroom scales
Electronic scales
Scales
Digital multimeters
Test probes [Electrical]
Digital thermometers, other than for medical purposes
Temperature sensors
Range sensors
Electric sensors
Safety monitoring apparatus [electric]
Impact sensors
Vibration detectors
Infrared detectors
Infrared scanners
Wearable activity trackers
Analytical orthoprojectors
Apparatus and instruments for geolocation
Target location apparatus [electric]
Target surveillance apparatus [electric]
Baby monitors.
The mark was filed in class 38 with following description of goods:
Electronic exchange of messages via chat lines, chatrooms and Internet forums
Computer aided transmission of messages and images
Paging services [radio, telephone or other means of electronic communication]
Voice mail services
Telecommunication services provided via Internet platforms and portals
Teleconferencing services
Rental of telecommunication facilities
Providing access to databases
Web messaging.
The mark was filed in class 42 with following description of goods:
IT services
Authentication services
Analysis and testing services relating to electrical engineering apparatus
Analysis of product development
Engineering testing
Research and development services
Clinical research
Quality control
Technical testing services
Certification services of data transmitted via telecommunications
Certification services of messages transmitted via telecommunications
Providing medical and scientific research information in the field of pharmaceuticals and clinical trials
Biomedical research services
Medical research laboratory services
Medical research
Scientific research and development
Advice relating to the design of computer hardware
Consultancy in the field of technological design
New product design
Database design and development
Development of diagnostic apparatus
Development of hardware for audio and video operators
Website development services
Design and development of new technology for others
Design and development of medical diagnostic apparatus
Design and development of diagnostic apparatus
Design of measurement systems
Design of online social networking software
Design of telecommunications apparatus and equipment
Product research and development
Industrial art design
Graphic design for the compilation of web pages on the internet
Commercial design services
Product design and development.
The mark was filed in class 44 with following description of goods:
Rental of apparatus and installations in the field of medical technology
Rental of equipment for medical purposes
Rental of equipment for human healthcare
Consultancy and information services relating to medical products
Remote monitoring of medical data for medical diagnosis and treatment
Trans-telephone heart monitoring services
Medical analysis services relating to the treatment of patients
Medical services for the diagnosis of conditions of the human body.
The mark was filed in class 45 with following description of goods:
Alarm monitoring services
Information services relating to health and safety
Consultancy services relating to health and safety
Electronic monitoring services for security purposes
Missing persons location information
Locating and tracking of lost people
Medical alarm monitoring
Companionship services for the elderly and disabled
Online social networking services
Providing non-medical in-home care services for individuals
Online social networking services accessible by means of downloadable mobile applications.