The trademark OPTIMAX was filed by ABB AG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on August 3, 2021, and received one opposition filed on September 21, 2021 by LIMA CABRITA, SA on Likelihood of confusion. the opponent was represented by ALVARO DUARTE & ASSOCIADOS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 21, 2021
It was designated 'Basic Application' for International Application 1658266 at the World Intellectual Property Organization (WIPO).
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Surveying, photographic, measuring, signaling, checking, life-saving and teaching apparatus, instruments and devices, including parts for all the aforesaid goods
Apparatus and instruments for management, distribution, transforming, accumulating, regulating or controlling electricity, including parts for all the aforesaid goods
Electric control devices for energy management
Computer software
Computer hardware
Software for recording, organizing, distribution and analysis of data and for the control, automation and network connection between devices, sensors and control systems
Software and software platform for the monitoring and the optimization of industrial plants and power plants
Software and software platform for energy management
Software and software platform for the management, administration, optimization, modification and remote control of industrial and administrative processes in industry, manufacturing, infrastructure, transportation and power systems
Computer software for data capture and distribution over computer networks
Sensors and control systems in the fields of industrial automation, power systems, power generation, transportation and infrastructure
Downloadable mobile application for the management, administration, optimization, modification and remote control of security and energy in industrial plants and power plants
Data processing equipment
Remote control apparatus
Electric and electronic installations for (remote) control of industrial processes and power plants
Data processing devices and computers, including displays and keyboards, data processing programs recorded on data carriers (as far as included in class 9), in particular for energy management and for monitoring the operation of industrial plants and power plants.
The mark was filed in class 37 with Repair, maintenance and installation services relating to electric and electronic apparatus and instruments as well as to computer hardware and data processing equipment, in particular for the use in industrial plants and power plants.
The mark was filed in class 42 with following description of goods:
Development, programming and implementation of software and interfaces, development of computer hardware, hosting, software as a service (SaaS), platform as a service (PaaS) and rental of software, rental of computer hardware and installations, IT consultancy and information, IT security, protection and repair, data duplication and conversion, data coding, computer analysis and diagnostics
Scientific and industrial research
Providing computer programs on data networks, in particular on the Internet
Software updating
Computer system analysis
Providing online, non-downloadable software to enable customers to remotely manage, administer, modify, optimize and control the operation of industrial plants and power plants
Repair, installation and maintenance of computer software and technical consultancy relating thereto
Provision of temporary use of on-line non-downloadable operating software for accessing and using a cloud computer network
Monitoring of computer systems by remote access
Technological services relating to computers, computer networking, On-line computer services, Updating of computer system memory banks, and data migration, Updating of websites, for others, Monitoring of computer systems by remote access
Data encryption services
Technology consultancy services in the field of industrial plant and power plant optimization
Engineering and technical consultancy services related thereto in the field of energy for owners and operators of industrial and commercial facilities
Engineering services and technical and technological consultancy services in the field of the measurement and monitoring of energy to improve energy efficiency for owners and operators of industrial and commercial facilities
Technological consultancy with respect to electrical systems, control systems, automation systems, power plants, machines and machine tools, and systems for production and distribution of energy and of computer hardware and computer software
Services for monitoring and controlling industrial processes, in particular in the field of virtual power plants and power generation
Services for monitoring emissions, in particular carbon dioxide emissions
Services for monitoring industrial and power plant information technology
Consultancy and technical advice in the field of energy-saving
Technical project studies as well as related consulting
Services provided by an engineer
Technical project studies
Technological monitoring and control in the field of energy management, energy distribution networks, machines, industrial plants
Monitoring, diagnostic and inspection services for fault detection in production, transmission and electricity distribution systems and in machines and industrial plants
Services in all areas of energy management and supply, namely the formulation of technical strategies, taking into account ecology and infrastructure
Rental of checking (supervision) apparatus included in class 42, in particular apparatus for checking power consumption
Providing platforms on the Internet
Providing electronic information, communications and transaction platforms on the Internet.