The trademark MAXWELL AND SPARK was filed by Maxwell and Spark Group B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on June 15, 2022, and received one opposition filed on September 13, 2022 by UCAP Power, Inc. on Likelihood of confusion. the opponent was represented by Bailey Walsh Europe Ltd and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 13, 2022
The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Apparatus, instruments and cables for electricity
Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity
All of the aforementioned products only in relation to sodium ion and/or lithium ion battery packs and sodium ion and/or lithium ion battery systems for sodium ion and/or lithium ion powered transport refrigeration and/or motive equipment
None of the aforementioned products in relation to capacitors, capacitors cells, capacitor systems of any type, capacitor modules.
The mark was filed in class 11 with following description of goods:
Heating, ventilating, and air conditioning and purification equipment (ambient)
Refrigerating and freezing equipment
Cooling appliances and installations
Water coolers
All of the aforementioned products only in relation to sodium ion and/or lithium ion powered transport refrigeration and/or motive equipment.
The mark was filed in class 12 with following description of goods:
Vehicles and conveyances
Electric vehicles
Parts and fittings for vehicles
All of the aforementioned products only in relation to sodium ion and/or lithium ion powered transport refrigeration and/or motive equipment.
The mark was filed in class 37 with following description of goods:
Repair, maintenance and cleanings of vehicles and means of transportation, machines, engines, motors, pumps, compressors, fans, generators, tools, alarms, locks, safes, jewellery, musical instruments, works of art, office requisites and teaching materials, bags, leatherware, umbrellas and parasols
Fix, Servicing and Cleaning in relation to the following goods: Furniture, Clocks and Timepieces, Computer hardware and peripherals, Telecommunications equipment, White goods and Electronic appliances for domestic purposes, Audio and video equipment, Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes
Charging of batteries and power storage devices, and rental of equipment therefore
Installation, repair, maintenance and construction of communications and telecommunications apparatus, equipment and accessories
Installation, repair and/or maintenance of hardware and consumer electronic products
Information and consultancy relating to the aforesaid services
All the aforesaid services whether or not via electronic channels, including the Internet
All of the aforementioned services only in relation to sodium ion and/or lithium ion battery packs and sodium ion and/or lithium ion battery systems for sodium ion and/or lithium ion powered transport refrigeration and/or motive equipment
None of the aforementioned services in relation to capacitors or capacitor systems of any type or cell modules that provide ultra-low equivalent series resistance.