The trademark application SMART CLIMATE SYSTEM was filed by Glen Dimplex UK Limited, a corporation established under the laws of the United Kingdom of Great Britain and Northern Ireland (the "Applicant"). Application refused.
The application was filed in English (Italian was selected as the second language).
The Refusal with reference B 018180203 was Rejected according to Article 7(1)(b) EUTMR with decision issued on August 31, 2020 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Electric control apparatus, systems, devices and installations
Programmable control apparatus
Remote control apparatus
Remote control apparatus for use with heating, lighting, steam generating, drying, ventilating, air conditioning, water supply and security apparatus
Temperature controllers
Temperature controlling apparatus
Thermostats
Energy control devices
Thermostat control apparatus
Electric thermostats
Room thermostats
Temperature control apparatus in the form of thermostats
Thermal sensors for use in thermostats
Thermal controls
Boiler control apparatus
Communications controllers
Computer software for time control
Computer software for temperature and lighting control
Multiple control signal transmission units
Network controlling apparatus
Communication interface units
Interface software
Interactive computer software accessible on computers and via mobile telephones
Mobile phone applications
Wireless communication apparatus
Communication networks
Security control apparatus
Electronic and automatic access security apparatus
Security video cameras and television monitors
Intruder detection systems and apparatus
Software to control building access and security systems
Meters
Meters for measuring and monitoring energy
Computer software for use in meter reading, monitoring and reporting
Smart meters
Smart meters, namely meters for testing, displaying and reporting on-going energy usage
Electrical meters
Gas-flow meters
Visual display units
Apparatus, equipment and instruments for measuring the efficiency, performance and consumption of gas boilers
Mobile communication terminals
Mobile data communications apparatus
Data transmitting apparatus.
The mark was filed in class 11 with following description of goods:
Apparatus for heating, lighting, steam generating, drying, ventilating, air conditioning, water supply and sanitary purposes
Central heating apparatus and installations
Boilers
Boilers being parts of central heating installations
Control devices for heating, lighting, steam generating, drying, ventilating, air conditioning, water supply and sanitary installations
Apparatus for controlling temperature in heating installations, namely valves, thermostats.
The mark was filed in class 37 with following description of goods:
Installation, maintenance and repair of apparatus for heating, ventilation and air conditioning
Central heating installation
Installation of heating control apparatus
Installation of residential security apparatus
Installation of computer networks
Installation of communications network instruments
Information, advisory and consultancy services relating to the aforesaid services
Installation of security systems.
The mark was filed in class 38 with following description of goods:
Message sending via a website
Providing access to web pages
Electronic transmission of data and documents via the Internet or other databases
Chat room services
Delivery of data and messages by electronic transmission
Electronic message sending
Message sending, receiving and forwarding
Online services, namely, message sending
Communication by computer, computer intercommunication
Wireless communications services
Wireless transmission of data and information
Wireless telephone services
Providing access to an interactive user interface
Providing access to an online interface
Providing access to an online interface for controlling heating, water supply, lighting, sanitation, air conditioning, ventilation and security apparatus
Information, advisory and consultancy services relating to the aforesaid services
Communications by means of mobile phones, global computer networks, the internet and wireless transmission
Communications by means of mobile phones, global computer networks, the internet and wireless transmission that connect to gas boilers and other apparatus for heating, lighting, steam generating, drying, ventilating, air conditioning, water supply and sanitary purposes.
The mark was filed in class 42 with following description of goods:
Installation, maintenance and repair of computer software, computer programs and computer systems
Preparation of technical reports
Recording data relating to energy consumption in buildings and domestic homes
Reporting data relating to energy consumption in buildings and domestic homes
Providing online reports relating to energy consumption in buildings and domestic homes
Consultancy services relating to energy-saving
Developing of integrated energy concepts
Energy auditing
Information, advisory and consultancy services relating to the aforesaid services.