The trademark SMART DOG was filed by Gerhard Hütter, a national of the Republic of Austria (the "Applicant"). The application was published for oppositions on April 18, 2021, and received one opposition filed on July 15, 2021 by COMMISSARIAT A L'ENERGIE ATOMIQUE ET AUX ENERGIES ALTERNATIVES on Likelihood of confusion. the opponent was represented by ATOUT PI LAPLACE and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 15, 2021
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The application claimed as seniority of the Federal Republic of Germany trademark 3020212079306 registered on March 29, 2021 and filed on February 14, 2021 which was accepted by the office.
Goods And Services
The mark was filed in class 9 with following description of goods:
Apparatus and instruments for accumulating the distribution of electricity
Apparatus and instruments for controlling the use of electricity
Apparatus and instruments for switching the distribution of electricity
Apparatus and instruments for controlling the distribution of electricity
Apparatus and instruments for regulating the distribution of electricity
Apparatus and instruments for conducting the use of electricity
Apparatus and instruments for switching the use of electricity
Apparatus and instruments for regulating the use of electricity
Teaching apparatus and instruments
Scientific apparatus and instruments
Surveying apparatus and instruments
Weighing apparatus and instruments
Measuring apparatus and instruments
Signalling apparatus and instruments
Inspecting apparatus and instruments
Recording apparatus
Sound and picture recording apparatus
Magnetic data media
Data processing apparatus
Computers
Temperature measuring instruments
Sensors, detectors and monitoring instruments
Data loggers and recorders
Home automation devices
Physical analyzers [other than for medical use]
Checking (supervision) apparatus and instruments
Programmable controllers
Electronic controllers
Current-meters
Smart meters
Electric control devices for energy management
Electric control devices for heating management
Inverters [electricity]
Home automation software
Industrial automation software
Photovoltaic apparatus for generating electricity
Photovoltaic modules
Solar batteries for domestic use
Solar batteries for industrial use
Solar modules
Photovoltaic apparatus and installations for generating solar electricity
Apparatus for improving power efficiency
Apparatus and instruments for regulating electricity
Electricity indicators
Electronic displays
Sensor controllers
Sensors for measuring instruments
Encoded smart cards
Blank smart cards
Electronic components for integrated circuit cards
Integrated circuit cards [smart cards]
Switchboards
Monitoring units [electric]
Apparatus for monitoring heat consumption
Apparatus for monitoring water consumption
Data processing equipment and accessories (electrical and mechanical)
Computer software
Power conditioners
Controllers and regulators.
The mark was filed in class 37 with following description of goods:
Construction
Maintenance of computer hardware
Installation and repair of computer hardware
Advisory services relating to the installation of building automation equipment
Installation of building automation equipment
Installation of energy-saving apparatus
Installation of solar powered systems
Repair or maintenance of electronic machines and apparatus
Advisory services relating to the maintenance and repair of mechanical and electrical equipment
Electrical installation services
Installation and maintenance of photovoltaic installations
Installation and maintenance of solar thermal installations
Installation of environmental protection systems
Installation of environmental engineering systems.
The mark was filed in class 42 with following description of goods:
Design and development of software for control, regulation and monitoring of solar energy systems
Science and technology services
Scientific and technological design
Engineering services
Consultancy relating to technological services in the field of power and energy supply
Advisory services relating to energy efficiency
Conducting technical project studies
Development of energy and power management systems
Design and development of engineering products
Creation of control programs for automated measurement, assembly, adjustment, and related visualisation
Professional consultancy relating to energy efficiency in buildings
Professional consultancy relating to the conservation of energy
Programming of electronic control systems
Technical design and planning of telecommunications equipment
Technical design and planning of pipelines for gas, water and waste water
Technical design and planning of heating installations
Technical design
Technical planning and consulting in the field of light engineering
Technical supervision and inspection
Industrial testing
Engineering consultancy relating to testing
Engineering design and consultancy
Consultancy in the field of energy-saving
Advisory services relating to the use of energy
Control technology consulting services
Analysis of the structural behaviour of buildings
Providing technical advice relating to energy-saving measures
Research and development services
Technical consultancy in the field of light engineering
Technical design and planning of telecommunications networks
Computer hardware development
Software development, programming and implementation
Development, design and updating of home pages
Design and development of energy management software
Programming of energy management software
Design and development of networks
Software design for others
Maintenance and updating of computer software
Monitoring of events which influence the environment within buildings