The trademark XRnow was filed by Holo-Light GmbH, a corporation established under the laws of the Republic of Austria (the "Applicant"). The application was published for oppositions on December 20, 2021, and received one opposition filed on March 20, 2022 by Sky UK Limited on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Dentons Ireland and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 20, 2022
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Change of name and address of the trademark registration was recorded on October 26, 2023.
Goods And Services
The mark was filed in class 9 with following description of goods:
Virtual reality glasses
Application software for mobile devices
Application software for wireless devices
Augmented reality software for industrial purposes
Computer hardware
Drawing apparatus and instruments adapted for use with computers
Interfaces for computers
Computer software platforms
Utility software
Computer-aided design (CAD) software
Industrial software
Mechanical engineering software
Computer peripheral devices
Computer application software
Computer programs for video and computer games
Science software
Accessories for head-mounted displays for virtual reality, augmented reality and mixed reality applications
Mixed reality headsets
Augmented reality software
Augmented reality headsets
Augmented reality software for use in mobile devices for integrating electronic data with real world environments
Computer application software for use in implementing the Internet of Things [IoT]
Head-mounted displays
Programs for computers
Mobile software
Computer programs for user interface design
Interactive computer systems
Data and image processing software for making three dimensional models
Application software
Mixed reality glasses
Augmented reality hardware
Computer interface apparatus
Simulation software for use in digital computers
Manufacturing software
Electronic instructional and teaching apparatus and instruments
Augmented reality goggles
Downloadable applications for use with mobile devices
Wearable computers
Simulation software
Mixed reality software
Wireless computer peripherals
Application development software
Virtual reality headsets
Virtual reality hardware
Software for diagnostics and troubleshooting
Data processing programs
Mixed reality hardware
Virtual reality software
Computer operating systems
Computer software for use as an application programming interface (API)
Computer application software for use with wearable computer devices
Input devices for computers
Graphical user interface software
Software for processing images, graphics and text
Computer software for business purposes
Computer software to enhance the audio-visual capabilities of multimedia applications, namely, for the integration of text, audio, graphics, still images and moving pictures
Computer-aided manufacturing [CAM] software
Computer software
Interactive data transfer apparatus
Graphic display terminals
Sensors for determining position
Computer software development tools
Interactive computer software
Firmware
Software development kit [SDK]
Downloadable mobile game software
Games software
Downloadable mobile application development tools
Software, namely, game engine software
Downloadable software for streaming audio and video content on mobile phones, tablets, personal computers, and televisions
Downloadable software to enable uploading, posting, showing, displaying, tagging, blogging, sharing and otherwise providing electronic media or information over the Internet and other communications networks
Application program interface (API) that enables developers to integrate video content and functionality into websites, software applications, or devices
Computer application software featuring video and computer games
Computer hardware and computer peripherals all for accessing and transmitting data and content among consumer electronics devices and displays
Computer peripherals, including but not limited to clips, wings, stands
Artificial intelligence and machine learning related software
Computer software that allows users to capture, create, edit, store, manage, view, upload, download, transmit, stream, post, tag, and link to content in the form of photos, images, virtual reality images, graphics, videos, and other audiovisual and video content
Software featuring libraries for virtual reality, augmented reality, extended reality, and mixed reality applications
Computer graphics software development tools for advanced graphics processing, for managing and implementing virtual desktop infrastructures, for virtual desktops and applications, and for virtualization technology software
Software for performing computer graphics operations and improving graphical and video display capabilities
Application programming interface (API) for artificial intelligence software applications
Application programming interface (API) for computer software for ray tracing and image rendering, modeling, and image manipulation and processing
Application programming interfaces (APIs) for use in building software applications
Artificial intelligence computers
Artificial intelligence supercomputers
Computer graphics firmware for enhancement of graphical and video display
Computer graphics software for improving display quality
Computer hardware and software for professional designers, engineers, and scientists for advanced graphics processing and visual computing
Downloadable computer graphics
Edge embedded device software to manage edge assets and devices
Electronic, computer, interactive and video game software
Graphics processing units [GPUs]
Graphics processing units (GPUs) in the nature of computer hardware for enhancing graphical and video display
Computer graphics software
Hardware and software for detecting objects, user gestures and commands
Integrated circuit components for graphics and video systems, namely, multimedia accelerators, graphic accelerators and peripheral units
Integrated circuits
Integrated circuits for enhanced graphics and video rendering
Integrated circuits, semiconductors and computer chipsets
Semi-conductors
Simulation, modeling and data processing software for use in data visualization, data analysis, data mining, data interpretation, predictive analytics, accessing and editing large-scale data, interactive visual computing, design of information graphics, video streaming, maximizing graphics processing and performance
Software
Software and firmware for developing artificial intelligence applications
Software and firmware for enabling electronic devices to share data and communicate with each other
Software and hardware that facilitates data transmission, data collection, data analysis, and decision-making
Software development kits (SDKs)
Software development kits (SDKs) consisting of software for ray tracing and image rendering, modeling, and image manipulation and processing
Software development kits (SDKs) for building software applications software for use in the fields of artificial intelligence, machine learning, deep learning, high performance computing, image feature extraction, natural language processing, supervised learning, un-supervised learning, predictive analytics, software development, edge computing, fog computing, decentralized computing, Internet of Things, and computer and telecommunications networks
Software development tools for advanced graphics processing, for managing and implementing virtual desktop infrastructures, for virtual desktops and applications, and for virtualization technology software
Software development tools for use in the fields of artificial intelligence, deep learning, machine learning, high performance computing, distributed computing, and data virtualization
Software for 3D-visualization, 3D modeling and 3D rendering
Software for advanced graphics processing and visual computing
Artificial intelligence software
Software for artificial intelligence, machine learning, deep learning, natural language generation, statistical learning, supervised learning, un-supervised learning, data mining, predictive analytics and business intelligence
Software for controlling edge devices
Software for controlling the operation of audio and video devices
Software for data management, analytics and pattern and activity recognition
Software for enhancement of graphical and video display
Software for enhancing computer performance, for operation of integrated circuits, semiconductors, computer chipsets and micro-processors, and for gaming purposes
Software for image rendering, modeling, and image manipulation and processing
Software for management, storage and network management of digital media, and enhancement of graphical and video display
Software for modifying and enabling transmission of images, audio, audio visual and video content and data
Software for operating and managing integrated circuit components
Software for processing images, graphics, audio, video and text
Software for professional designers, engineers, and scientists for advanced graphics processing and visual computing
Software for ray tracing and image rendering, modeling, and image manipulation and processing
Software for the collection, managing, editing, organizing, modifying, transmission, and sharing of data and information
Computer software for the display of digital media
Software for use as an application programming interface (API)
Software, firmware and hardware for use in the fields of edge computing, artificial intelligence, high performance computing, distributed computing, machine learning, automation controls, data collection, data analytics and internet of things
Software, namely, an interpretive interface for facilitating interaction between humans and machines
Software, namely, knowledge-based artificial intelligence platforms, data analytics platforms, and automation platforms
System-on-chip processors
Software programs for video games
Computer software and hardware for artificial intelligence, machine learning, deep learning, natural language generation, statistical learning, supervised learning, un-supervised learning, data mining, predictive analytics and business intelligence
Software development kits (SDK) comprised of frameworks, tools, APIs, and libraries for use in developing virtual reality, augmented reality, extended reality, and mixed reality software
Software for 3D, virtual reality, augmented reality, extended reality, and mixed reality simulation
Software for use in connection with photographic and video equipment and cameras, namely, software for taking, capturing, processing, operating, viewing, storing, editing, arranging, combining, sharing, manipulating, modifying, transmitting and displaying data, images, videos, multimedia files, and other digital data
Software in the fields of artificial intelligence, augmented reality, and virtual reality for predicting, classifying, collecting, simulating, and optimizing data, for computer gaming, augmented reality gaming, virtual reality gaming, and virtual reality simulation
Apparatus and instruments for transmitting and receiving audio and visual content
Audio books
Protective display screen covers
Eyewear
Eyewear pouches
Spectacles [optics]
Compact discs
DVDs
Computer hardware and peripheral devices
Digital cameras
Digital video recorders
DVD and high definition video disc players
Electronic publications, downloadable
Electronic game programs and software
Electronic game software for mobile telephones, tablets, personal computers, and handheld electronic devices
Cases for spectacles and sunglasses
Cases adapted for mobile phones
Cases for tablet computers
Binoculars
Television apparatus
Telephone apparatus
Apparatus for recording, transmission or reproduction of sound or images
Wrist and arm rests for use with computers
Virtual reality game hardware and software
Home theater systems comprised of audio and video receivers
Helmets for use in sports
Downloadable graphics featuring sets of digital images and icons for use on computers, tablets, and mobile phones
Downloadable ringtones and sound recordings
Downloadable motion pictures and television shows
Cell phone covers
Covers for tablet computers
Interactive video game programs
Cameras [photography]
Computer game cartridges and discs
Flip covers for tablet computers
Encoded electronic chip cards
Headphones
Mobile phone headsets
Chargers for electric batteries
Loudspeakers
Magnifying glasses [optics]
Magnetically encoded gift cards
Mouse pads
Measuring rulers
Microphones
Mobile telephones
Musical sound recordings
Calculators
Cell phone straps
Radios
Protective covers and cases for electronic devices namely, computers, tablet computers, mobile phones, digital cameras, digital media players, electronic book readers, smartwatches, and personal digital assistants
Smartwatches
Software for streaming audiovisual and multimedia content via the internet and global communications networks
Software for streaming audiovisual and multimedia content to mobile digital electronic devices
Software for searching, organizing, and recommending multimedia content
Software, including software to transmit and receive audio and visual content
Computer software applications, downloadable
Software development tools for creating software and mobile applications
Sunglasses
Goggles for sports
Stands adapted for mobile phones or tablet computers
Digital media streaming devices
Keyboards for tablets
Telephone adapters
Audio and visual recordings
Walkie-talkies
Television set-top boxes
Downloadable motion pictures and television shows provided via a video-on-demand service
Adapters
USB flash drives
Camcorders
Computer software, Especially Software development tools for the creation of software and mobile applications
Hardware for streaming audiovisual and multimedia content via the internet and global communications networks, namely digital media streaming devices, digital video recorders, DVD and high definition video disc players, home cinema systems, consisting of audio and video receivers and disc players
Software for streaming audiovisual and multimedia content to mobile digital electronic devices
Software for streaming audiovisual and multimedia content via the internet and global communications networks
Televisions, and television set-top boxes.
The mark was filed in class 28 with video game controllers.
The mark was filed in class 35 with following description of goods:
Preparation and presentation of audio visual displays for advertising purposes
Demonstration of goods
Arranging of demonstrations for advertising purposes
Sales demonstration [for others]
Digital retail store services featuring downloadable games, audio, video, emoticons, badges, images, icons, text, colors and other virtual goods
Promotional sponsorship of games, gamers, and gaming events
Arranging audiovisual content transmitting, streaming, and downloading subscriptions for others
Advertising and promotional services on behalf of others
Promotional services, namely, promoting the goods and services of others through online entertainment, online education, and sharing of multimedia content via the Internet and other communications networks
Developing and providing marketing programs for advertisers, marketers, and content providers
Providing websites where advertisers, marketers, and content providers can reach, engage, and interact with online users for purposes of promotion or advertising.
The mark was filed in class 38 with following description of goods:
Transmission and delivery of video, and audiovisual content via a subscription service
Electronic transmission and streaming of digital media content for others via cloud-based computer networks
Streaming of audio, visual and audiovisual material via a computer network
Video-on-demand transmission services
Telecommunications and information technology services, namely, transmission of voice, data, images, audio, video, and information via communication networks and between and among communication networks
Electronic messaging
Providing on-line chat rooms and electronic bulletin boards for transmission of messages among users in the fields of gaming, entertainment, and general interest
Audio and video on demand transmission
Audio and visual broadcasting
Audio-visual broadcasts
Broadcasting services, via radio, television, cable and satellite systems and Via the internet
Broadcasting services, in relation to the following fields: Multimedia entertainment content, Films, Television shows, special events
Radio broadcasting
Providing an online forum where users can post ratings, reviews, and recommendations of movies and television shows and on events and activities in the field of entertainment and education
Communication of images
Streaming of audiovisual and multimedia content via the internet
Streaming of audio and visual content
Transmission and delivery of audiovisual and multimedia content via the internet
Transmission and delivery of audio and visual content
Transmission of voice, data, images, signals, messages and information.
The mark was filed in class 41 with following description of goods:
Teaching, mely, Information in the field of games
Educational services, namely, providing a website featuring non-downloadable instructional electronic media, multimedia content, videos, movies, pictures, images, text, photos, user-generated content, audio content, gaming content in the fields of electronic games
Provision of on-line computer games, providing virtual environments in which users can interact for recreational, leisure or entertainment purposes
Providing of a website featuring multimedia content and information, reviews and recommendations relating to television shows, films, and multimedia content
Providing information, reviews, and recommendations regarding movies and television shows via a website and video-on-demand transmission services
Providing of entertainment via a global communications network, namely online non-downloadable games, websites, and multimedia content featuring a wide variety of general interest entertainment information, In relation to the following fields: Motion pictures, television, television and film characters, comic books, Entertainment, Music, and celebrity
Providing of multiplayer interactive games services for players via the internet
Providing of entertainment via a global communication network, namely online games and websites featuring a wide variety of general interest entertainment information In relation to the following fields: video games, feature films, television show programs, musical videos, Related film clips, photos, Other multimedia material
Presenting live cosplay entertainment events
Entertainment services, namely, provision of entertainment and entertainment information via podcasts
Providing temporary use of non-downloadable interactive games
Provision of entertainment information via a website
Educational and entertainment services, mely, providing interactive online non-downloadable multimedia entertainment content
Fan club services
Online interactive entertainment
Interactive entertainment services
Multimedia publishing of software and games
Multimedia publishing of interactive computer and video game programs and software
Providing on-line non-downloadable magazines, journals and newsletters, In relation to the following fields: computer games, video games, On-line computer games, general entertainment
Providing online non-downloadable video clips and other multimedia digital content containing audio, video, artwork and/or text, In relation to the following fields: Entertainment services, Motion pictures, television, television and film characters, comic books, Entertainment, Music and celebrity
Organizing and conducting community festivals featuring music, art, food, film, television, theater, drama, dance, live musical performances, speakers, celebrity appearances, and cultural exhibitions and activities
Organizing and conducting interactive audience participation events and recreational activities
Arranging, organizing, conducting, and hosting social entertainment events
Production and distribution of radio programs and sound recordings
Radio entertainment
Entertainment services in the nature of development, creation, production, distribution, and post-production of motion picture films, television shows, special events, and multimedia entertainment content
Entertainment services in the nature of a live theatrical, musical or comedic performance
Entertainment and educational services, namely, providing movies, television shows, and information, reviews, and recommendations regarding movies and television shows
Entertainment services, namely, providing online computer, video and electronic games
Entertainment services, mely Arranging and conducting of exhibitions, Arranging and conducting of conferences, Organising and conducting festivals and Arranging and conducting conventions, In relation to the following fields: Entertainment services, Motion pictures, television, television and film characters, comic books, Entertainment, Music, and celebrity
Entertainment services
Interactive, experiential and immersive audience participation events and recreational activities.
The mark was filed in class 42 with following description of goods:
Design services relating to data processing tools
Technological services relating to computers
Consultancy and development in connection with hardware and software for virtual reality, augmented reality and mixed reality applications
Design of computer hardware
Advisory services relating to computer systems design
IT project management
Design and development of data display systems
Design services relating to computer hardware and to computer programmes
Design and development of data entry systems
Design and development of data processing apparatus
Computer system design and development
Design and development of new technology for others
Design of three dimensional displays
Development of systems for the processing of data
Computer system design
Design of audio-visual creative works
Preparation of design parameters for visual images
Design and development of computer hardware
Creation of computing platforms for third parties
Design services for display systems for presentation purposes
Design services relating to the development of computerised information processing systems
Providing temporary use of online, non-downloadable computer software for language translation
Providing temporary use of on-line non-downloadable software development tools
Design and development of systems for data input, output, processing, display and storage
Design and development of data processing systems
Computer aided design services
Advisory and information services relating to computer peripherals
Rental of computer hardware and computer software
Computer design and programming services
Design services for display systems for exhibition
Integration of computer systems and networks
Design services for display systems for promotional purposes
Design and development of multimedia products
Design and development of computer peripherals
Design and development of wireless data transmission apparatus
Development of computers
Designing of electronic systems
Providing information about the design and development of computer software, systems and networks
Advisory services relating to computer hardware design
Design of computer hardware for the manufacturing industries
Preparation of computer programs for data processing
Computer-aided engineering design and drawing services
Development of hardware for audio and video operators
Development of data processing apparatus
Design and development of wireless data transmission apparatus, instruments and equipment
Design services for data processing systems
Services for the industrial design of computers
Rental and maintenance of computer software
Development and testing of computing methods, algorithms and software
Providing temporary use of online non-downloadable software and applications for accessing streaming audio and video files, text files and multimedia files
Providing temporary use of on-line non-downloadable software development tools for the design and development of electronic games
Video game development services
Technical support services, namely, troubleshooting of computer game software problems
Application service provider (ASP) featuring application programming interface (API) software including such software for the streaming, storage, and sharing of video games, content, data and information
Providing temporary use of on-line non-downloadable cloud computer software for use in electronic storage of data
Computer software development in the field of mobile applications
Providing technical support services regarding the usage of communications equipment for diagnosing purposes
Providing a website featuring technology that enables users to view and manage logs, analytics, and crash reports of third-party computer software and mobile applications
Providing online non- downloadable software that allows users to capture, create, edit, store, manage, view, upload, download, transmit, stream, post, tag, and link to content in the form of photos, images, virtual reality images, graphics, videos, and other audiovisual and video content
Providing temporary use of online non-downloadable software for gaming
Application service provider [ASP], namely, hosting computer software applications of others
Platform-as-a-service (PAAS) services featuring computer software platforms for creating and collaborating with others to create games and gaming applications and for uploading, posting, showing, displaying, sharing or otherwise providing electronic media or information regarding the fields of electronic gaming, entertainment and general interest via the internet
Computer services, namely, creating website-based indexes of information
Providing non-downloadable computer software, namely, computer software for implementing a computer programming language, computer software development tools, and computer software libraries
Electronic data storage, namely, storage and archival of data, electronic media, and digital content
Providing streaming libraries for virtual reality, augmented reality, extended reality, and mixed reality applications
Nondownloadable software featuring libraries for virtual reality, augmented reality, extended reality, and mixed reality applications
Providing non-downloadable software for 3D, virtual reality, augmented reality, extended reality, and mixed reality simulation
Non-downloadable software
Advanced product research in the field of artificial intelligence
Application service provider (ASP) services featuring application programming interface (API) software for ray tracing and image rendering, modeling, and image manipulation and processing
Computer programming services for customers that enable the customers' digital and handheld devices to download and utilize games and entertainment-related content
Computer programming in the field of artificial intelligence
Computer software design, computer programming, or maintenance of computer software
Consulting services in the field of gaming technology and graphics software
Design and development of computer hardware and software
Design and development of computer hardware and software in the fields of machine learning, deep learning, and deep neural networks
Design and development of edge computing systems, platforms, gateways, and devices
Design of computer hardware, software and peripherals for others
Design, development, customization, integration, support and maintenance of computer software
Design, programming or maintenance of artificial intelligence software
Design and development of computer game software and video game software
Designing of machines, apparatus, instruments [including their parts] or systems composed of such machines, apparatus and instruments
Software development
Electronic and interactive multimedia game development services
Fog and edge computing services
Fog and edge computing services featuring software for artificial intelligence (AI), machine learning and deep learning
Platform as a service (PAAS) featuring computer software platforms for artificial intelligence applications
Platform as a service (PaaS) featuring computer software platforms for natural language processing, machine learning, voice command and recognition, converting speech to text, data analytics, and artificial intelligence
Platform as a service (PaaS) featuring knowledge-based artificial intelligence computer software platforms, data analytics software platforms, and automation software platforms
Providing application programming interface (API) software for use in transmission of audio, video, images, text, content and data
Providing artificial intelligence computer programs on data networks
Providing computer programs on data networks
Providing computer software technical support services, technical information and technical support regarding software patches, upgrades and updates
Providing non-downloadable computer software for enhancing computer performance, for operation of integrated circuits, semiconductors, computer chipsets and micro-processors, and for gaming purposes
Providing non-downloadable electronic game software
Providing non-downloadable interactive entertainment software
Providing non-downloadable software for 3D-visualization, 3D modeling and 3D rendering
Providing nondownloadable software for artificial intelligence, machine learning, deep learning, and deep neural networks
Providing non-downloadable software for artificial intelligence, machine learning, deep learning, natural language generation, statistical learning, supervised learning, un-supervised learning, data mining, predictive analytics and business intelligence
Providing non-downloadable software for computer graphics
Providing nondownloadable software for data management, analytics and pattern and activity recognition
Providing non-downloadable software for detecting objects, user gestures and commands
Providing non-downloadable software for enhancing computer performance, for operation of integrated circuits, semiconductors, computer chipsets and micro-processors, and for gaming purposes
Providing nondownloadable software for facilitating interaction between humans and machines
Providing non-downloadable software for image rendering, modeling, and image manipulation and processing
Providing nondownloadable software for object tracking, motion control and content visualization
Providing non-downloadable software for operating sensor devices
Providing non-downloadable software for processing images, graphics, audio, video, and text
Providing non-downloadable software for ray tracing and image rendering, modeling, and image manipulation and processing
Providing non-downloadable software for sharing, receiving, downloading, interacting with and transferring content, text, visual works, audio works, audiovisual works, literary works, data, files, documents and electronic works
Providing non-downloadable software for streaming multimedia entertainment content
Providing non-downloadable software for use as application programming interfaces (API)
Providing nondownloadable software for use in visual, voice, audio, motion, eye and gesture tracking and recognition
Providing non-downloadable software for virtual reality, augmented reality, extended reality, and mixed reality applications and environments
Providing non-downloadable simulation, modeling and data processing software for use in data visualization, data analysis, data mining, data interpretation, predictive analytics, accessing and editing largescale data, interactive visual computing, design of information graphics, video streaming, maximizing graphics processing and performance
Providing nondownloadable software for the collection, managing, editing, organizing, modifying, transmission, and sharing of data and information
Providing software technological support services and consultation in the fields of software, development and use of computer hardware
Software as a service (SaaS) featuring computer software platforms for natural language processing, machine learning, voice command and recognition, converting speech to text, data analytics, and artificial intelligence
Software design the field of artificial intelligence
Software development in the field of artificial intelligence and machine learning
Software platform for software development featuring software development kits (SDKs)
Platform as a service to enable access to a decentralized supercomputer consisting of a pool of devices connected to the internet
Providing nondownloadable software for use in connection with photographic and video equipment and cameras, namely, software for taking, capturing, processing, operating, viewing, storing, editing, arranging, combining, sharing, manipulating, modifying, transmitting and displaying data, images, videos, multimedia files, and other digital data
Software as a service (SaaS) services featuring software in the fields of artificial intelligence, virtual reality, augmented reality, extended reality, and mixed reality, for predicting, classifying, collecting, simulating, and optimizing data, for virtual reality, augmented reality, extended reality, and mixed reality simulation
Software as a service [SaaS]
Platform as a service (PAAS)
Information, consultancy and advisory services relating to the aforesaid.
The mark was filed in class 45 with Online social networking services and Providing a computer database in the field of online social networking..