The trademark CO2NTROL was filed by Hamilton Germany GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on April 28, 2020, and received one opposition filed on July 28, 2020 by Idee GmbH on Likelihood of confusion. the opponent was represented by FRIEDRICH GRAF VON WESTPHALEN & PARTNER MBB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 28, 2020
It was designated 'Basic Application' for International Application 1560736 at the World Intellectual Property Organization (WIPO).
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003126927 was rejected according to Article 10(2) EUTMDR with decision issued on June 19, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Apparatus for recording, transmitting or reproduction of sounds, images or data
Data carriers for recording images, sound and data
Computer software
Computers
Data processing equipment
Peripherals adapted for use with computers
Scientific apparatus and instruments
Checking (supervision) apparatus and instruments
Scientific apparatus and instruments for measuring, determining and monitoring CO2 values, infrared rays and CO2 partial pressure in gases and liquids
Inspecting apparatus and instruments for measuring, determining and monitoring CO2 values, infrared rays and CO2 partial pressure in gases and liquids
Measuring, detecting and monitoring instruments, indicators and controllers
Apparatus for scientific research and laboratories
Measuring apparatus and instruments for measuring, determining and monitoring CO2 values, infrared rays and CO2 partial pressure in gases and liquids
Analysis and diagnostic apparatus, not for medical purposes
Analysis and diagnostic apparatus, not for medical purposes, for measuring, determining and monitoring CO2 values, infrared rays and CO2 partial pressure in gases and liquids
Laboratory apparatus and instruments, namely sensors for measuring dissolved CO2, infrared rays and CO2 partial pressure in gases and liquids, at the same time being provided with an integrated device for enhancing and wireless and wired transmission of sensor signals, for monitoring sensor functions and for controlling and setting sensor calibration
Sensors and detectors
Sensors and detectors for measuring, determining and monitoring CO2 values, infrared rays and CO2 partial pressure in gases and liquids
Optical sensors
Electro-optical sensors
Optical sensors for use in infrared spectroscopy
Optical sensors for measuring, determining and monitoring CO2 values, infrared rays and CO2 partial pressure in gases and liquids
Optical sensors for measuring, determining and monitoring CO2 values, infrared rays and CO2 partial pressure in gases and liquids, consisting of a sensor head with integrated electronics and integrated microtransmitters for storing and transmitting the data and diagnostic information measured by these sensors and for monitoring sensor function and for controlling and setting the sensor calibration and a sensor shaft placed in contact with a measuring medium
Optical sensors for measuring, determining and monitoring CO2 values, infrared rays and CO2 partial pressure in gases and liquids, consisting of a sensor head with integrated electronics and integrated microtransmitters for storing and transmitting the data and diagnostic information measured by these sensors and for monitoring sensor function and for controlling and setting the sensor calibration and a stainless steel sensor shaft placed in contact with a measuring medium
Wireless and wired transmitters
Wireless and wired receivers
Wired and wireless communication devices
Wireless and wired communications apparatus for the transmission of data
Interfaces for sensors for measuring CO2 values, infrared rays and CO2 partial pressure in gases and liquids
Mobile and wired data communications apparatus
Electronic interactive apparatus for monitoring the sensor function and for controlling and setting the sensor calibration of sensors used for measuring, determining and monitoring CO2 values, infrared rays and CO2 partial pressure in gases and liquids
Parts and accessories for all the aforesaid goods, included in this class
Application software
Application software for mobile phones
Downloadable software applications for use with mobile and wired apparatus
Computer software for wireless and wired network communications
Computer software for wireless and wired content transmission.