The trademark NEOGY was filed by NEOGY, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on April 1, 2019, and received one opposition filed on July 1, 2019 by Alperia Smart Mobility S.r.l. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by Telchini, Bruno and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 1, 2019
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003087765 was refused according to Article 8(1)(b) EUTMR with decision issued on September 16, 2020 by the EUIPO.
The application claimed as seniority of the French Republic trademark 4491632 and filed on October 15, 2018 which was accepted by the office.
Goods And Services
The mark was filed in class 9 with following description of goods:
Batteries
Battery cells
Power distribution panels
Solar panels
Electrical energy converters
Electric control devices for energy management
Photovoltaic apparatus for converting solar radiation to electrical energy
Machines and apparatus for energy distribution and control
Photovoltaic modules
Photovoltaic inverters
Photovoltaic solar modules
Accumulators for photovoltaic power
Photovoltaic apparatus and installations for generating solar electricity
Photovoltaic apparatus for converting solar radiation to electrical energy
Solar modules
Solar panel arrays
Apparatus and instruments for exchanging, storing, transmission and collection of data in the energy field
Computer software (recorded programs), and in particular software for managing home automation equipment
Recorded computer programs
Apparatus and instruments for analysing, conducting, switching, transforming, accumulating, regulating, monitoring or controlling the distribution of energy (fuel)
Apparatus and instruments for measuring and checking (supervision)
Electric monitoring apparatus for power supply networks
Installations for switching electricity
Accumulators, electric
Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity
Electricity saving device
Measuring, signalling, checking (inspecting) and life-saving apparatus and instruments in the field of the distribution of electricity and energy
Data processing apparatus, computers, Computer peripheral devices, computer software
Solar installations
Photovoltaic installations
Energy storage devices and installations
Apparatus and installations for the processing and conditioning of energy.
The mark was filed in class 11 with Electric candelabras and Lighting fittings..
The mark was filed in class 40 with following description of goods:
Energy generation
Production of energy from tidal, wind and solar energy
Renting equipment for producing energy
Technical consultancy relating to the production of solar energy
Information relating to the treatment of biomass and energy production installations
Consulting services relating to energy production
Rental of installations for the production and distribution of energy.