The trademark HBI was filed by HBI S.r.l., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on September 30, 2020, and received one opposition filed on January 3, 2021 by Regent Medical Limited on Likelihood of confusion. the opponent was represented by Wilson Gunn (Europe) and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 3, 2021
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003138393 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on December 15, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 1 with following description of goods:
Chemicals used in the treatment of waste streams
Waste treatment chemicals
Putties and other paste fillers
Compost, manures, fertilizers
Biological preparations for use in industry and science
Chemicals used in horticulture
Chemicals used in science
Chemicals used in forestry
Chemical preparations for use in photography
Industrial chemicals
Chemicals for use in agriculture
Unprocessed plastics
Fire extinguishing compositions
Fire prevention compositions
Tempering preparations
Soldering preparations
Substances for tanning animal skins and hides
Adhesives for use in industry.
The mark was filed in class 4 with following description of goods:
Lubricants
Fuels and illuminants
Candles and wicks for lighting
Industrial oils and greases, lubricants
Dust controlling compositions.
The mark was filed in class 5 with following description of goods:
Vermin destroying preparations
Veterinary preparations
Dietetic substances adapted for medical use
Dietetic food adapted for veterinary use
Dietetic substances adapted for veterinary use
Dietetic foods adapted for medical purposes
Food for babies
Dietary supplements for animals
Dietary supplements for humans
Teeth filling material
Dental wax
Herbicides
Fungicides.
The mark was filed in class 40 with following description of goods:
Waste treatment [transformation]
Sorting of waste and recyclable material [transformation]
Upcycling [waste recycling]
Treatment of waste
Destruction of trash
Providing information relating to the rental of waste compacting machines and apparatus
Providing information relating to the recycling of waste
Recycling and waste treatment
Recycling of waste and trash
Chemical recycling of waste products
Reclamation of material from waste
Rental of waste crushing machines
Rental of waste compacting machines
Rental of waste compacting machines and apparatus
Information, advice and consultancy services relating to the recycling of waste and trash
Recycling of waste
Treatment [recycling] of waste
Recycling services
Recycling of waste
Recycling services
Recycling of waste
Consultancy relating to the recycling of waste and trash
Waste management services [recycling]
Recycling of waste
Recycling of scrap
Recycling of waste, waste materials, raw materials
Generation and conversion of energy, bioenergy and electrical energy
Rental of electricity, gas, heat and water treatment installations for bioenergy
Production and treatment of biofuels and biolubricants
Providing information and consultancy in the field of generating energy and bioenergy
Consultancy and information regarding the aforesaid services, including via electronic networks, such as the Internet.
The mark was filed in class 42 with following description of goods:
Industrial analysis and research services
Research relating to waste analysis
Environmental consultancy services
Scientific, technical and industrial research and studies in the field of biomaterials, biochemicals, bio-based economy, bioeconomy, energy, energy sources, bioenergy, the environment, water supply, geology, chemistry, biology, biotechnology, physics, engineering
Research and development relating to saving energy, protecting the environment and techniques for utilising energy sources, biomaterials, biochemicals, bio-based economy, bioeconomy, energy, energy sources, bioenergy, the environment, water supply, geology, chemistry, biology, biotechnology, physics, engineering
Research and monitoring of energy sources
Analysis for energy source exploitation
Geological research
Technical consultancy relating to the production of bioplastics, biodetergents, biomaterials, biosolvents and biolubricants
IT services
Quality control
Consultancy and information regarding the aforesaid services, including via electronic networks, such as the Internet
Research in the field of environmental conservation
Consultancy in the field of energy-saving
Scientific and technological services, and research and design relating thereto
Industrial analysis and research
Industrial process research
Certification [quality control]
Engineering services
Advisory services relating to technology
Analysis, counting and monitoring of energy use in the field of heating technologies and energy generation
Consultancy in the field of energy-saving
Consultancy relating to biotechnology
Biotechnology research relating to industry
Agronomic enrichment technology research
Construction drafting
Surveying and technical project studies in the field of renewable energy and environmental protection
Research and development in the field of renewable energy and environmental protection
Research, development and design of biogas purification units
Research, development and design of processes, equipment, apparatus and installations for production, recovery, separation, purification, purification, liquefaction and distribution of biogas, biomethane, natural gas for vehicles, liquefied natural gas, liquefied biomethane, biogas from non-hazardous waste storage facility, renewable natural gas
Computer programming
Design and development and scientific research, tests, analysis and technological services relating to electricity installations, systems for energy production, solar energy collection systems, turbines for power generation, solar systems, solar drive systems other than for land vehicles, solar energy machines, solar energy turbines, solar thermal installations (heating) and the parts, fittings and accessories thereof
Recording data relating to energy consumption in buildings
Development of systems for the storage of data
Hosting of databases
Software development, programming and implementation
Computer software installation, maintenance and updating
Development, technical coordination, technical operation of identification systems for protecting sustainability characteristics, and process and product quality, and for providing proof of said protection, all the aforesaid in the field of certification systems in relation to biomass and the products made therefrom, including biofuels, foodstuffs and animal foodstuffs, and material products from the chemical industry, for all stages of production, processing, commerce and utilisation
Development, technical coordination, technical operation of mass balance systems and material flow systems between the agricultural industry and the energy industry, and between agricultural industry and the foodstuff/animal foodstuff industry, and for the chemical industry
Technical development and coordination with authorities, branch associations and audit institutions within certification systems of biomass and manufactured goods, for food and feed and for chemicals and for development, technical coordination and technical operation of mass balance systems and material flows between the agricultural and energy industries or the agricultural and food/feed industries, and for the chemical industry
Certification [quality control]
Certification services for the energy efficiency of buildings
Preparation of technical and scientific reports, checklists, guides, compilations of legal texts in relation to certification systems, on paper or in electronic format
Certification services
Technical consultancy in the organisation and management of businesses relating to sustainability and greenhouse gas efficiency
Scientific technological services
Technological research
Scientific services and design relating thereto
Technological services and design relating thereto