The trademark application POWERCO was filed by PowerCo SE, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on July 10, 2023, and it was registered by office on October 17, 2023 without any oppositions.
The application was filed in German (English was selected as the second language).
A transfer of the trademark registration was recorded on May 5, 2024. Appointment and Replacement of representative of the trademark registration was recorded on June 4, 2024.
The Refusal with reference B 018702071 was partially rejected according to Article 7(1)(b) EUTMR with decision issued on May 22, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signalling, detecting, testing, inspecting, life-saving and teaching apparatus and instruments
Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity
Apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data
Apparatus, instruments and cables for electricity
Optical devices, enhancers and correctors
Safety, security, protection and signalling devices
Navigation, guidance, tracking, targeting and map making devices
Measuring, detecting and monitoring instruments, indicators and controllers
Automatic indicators of low pressure in vehicle tyres
Mileage recorders for vehicles
Sunglasses
Mobile phone cases with lanyards
Mobile phone chains
Covers for smartphones
Vehicle breakdown warning triangles
Warning lamps for vehicles (not parts of vehicles)
Electric batteries and parts therefor
Electric accumulators and parts therefor
Fuel cells and parts thereof
Solar batteries
Batteries, electric, for vehicles
Batteries, electric, for vehicles
Chargers for electrical batteries
Burglar alarm apparatus
Fire alarm apparatus
Smoke alarms
Gas escape warning apparatus
Anti-theft warning apparatus
Fire extinguishers
Scales
Spirit levels
Compasses for measuring
Rulers [measuring instruments]
Acid hydrometers
Quantity indicators
Electronic control apparatus and current/voltage supply apparatus for vehicle headlamps and vehicle lights, and all parts therefor
Light-emitting diodes [LED], Electronic power controllers
Electrical and electronic control apparatus
Regulating apparatus and instruments
Simulators for the steering and control of vehicles
Magnetic cards, integrated circuit cards (smart cards), encoded telephone cards
Coin-operated mechanisms
Automatic teller machines
Cash registers, calculating machines
Data processing equipment
Computers
Electronic agendas
Facsimile machines
Monitors (computer hardware and programs)
Computer peripheral devices
Computer programs for use in autonomous driving of vehicles
Computer programs for use in the autonomous navigation of vehicles
Computer programs for use in autonomous control of vehicles
Recorded and downloadable computer programs, in particular data files in electronic form
Computer software platforms, recorded or downloadable
Computer software
Application software
Mobile apps
Pocket calculators
Electronic publications, downloadable
Downloadable image files
Crash test dummies
Microscopes
Cables, electric
Sockets, plugs and other contacts [electric connections]
Igniting apparatus, electric, for igniting at a distance
Radiological apparatus for industrial purposes
Head protection
Locks, electric
Electronic controllers and electronic control systems
Security tokens [encryption devices]
Electronic access control systems for interlocking doors
Thermal imaging cameras
Scales with body mass analysers
Covers for tablet computers
Black boxes [data recorders]
Digital weather stations
Charging stations for electric vehicles
Interactive touch screen terminals
Smart rings
Electric and electronic effects units for musical instruments
Audio interfaces
Equalisers [audio apparatus]
Parking sensors for vehicles
Teaching robots
Humanoid robots with artificial intelligence
Personal digital assistants [PDAs]
Rearview cameras for vehicles
Electric wire harnesses for automobiles
Telecommunication apparatus in the form of jewellery
Data gloves
Parts and accessories for all the aforesaid goods, included in this class.
The mark was filed in class 35 with following description of goods:
Retailing and wholesaling relating to motor vehicles, motor vehicle parts and fittings, motors and engines and drives for land vehicles, chassis for land vehicles, vehicle superstructures and tyres for vehicle wheels
Retailing and wholesaling for mail order relating to motor vehicles, motor vehicle parts and fittings, motors and engines and drives for land vehicles, chassis, vehicle superstructures and tyres for vehicle wheels
Retail and wholesale services in relation to: Batteries
Retailing and wholesaling via the internet relating to motor vehicles, motor vehicle parts and fittings, motors and engines and drives for land vehicles, chassis for vehicles, vehicle superstructures and tyres for vehicle wheels
Retailing and wholesaling by means of teleshopping channels relating to motor vehicles, motor vehicle parts and fittings, motors and engines and drives for land vehicles, chassis for vehicles, vehicle superstructures and tyres for vehicle wheels
The bringing together, for the benefit of others, of a variety of motor vehicles, motor vehicle parts and fittings, motors and engines and drives for land vehicles, chassis for vehicles, vehicle superstructures and tyres for vehicle wheels (excluding the transport thereof), enabling customers to conveniently view and purchase those goods
Arranging of contracts, for others, for the buying and selling of motor vehicles, motor vehicle parts and fittings, motors and engines and drives for land vehicles, chassis for vehicles or vehicle superstructures and tyres for vehicle wheels
Transportation fleet (business management of -) [for others]
Commercial information and advice for consumers [consumer advice shop]
Administrative processing of purchase orders
Arranging of contracts for others for the buying and selling of goods
Business management and organization consultancy
Commercial or industrial management assistance
Advertising
Marketing
Business management
Business administration
Clerical services
Personnel management consultancy
Radio advertising
Organisation of exhibitions for commercial or advertising purposes
News clipping services
Presentation of goods on communication media, for retail purposes
Public relations services
Compiling indexes of information for commercial or advertising purposes
Auctioneering services
Sales promotion for others
Promotion of goods and services through sponsorship of sports events
Personnel recruitment
Relocation services for businesses
Book-keeping
Sponsorship search.
The mark was filed in class 37 with following description of goods:
Building, construction and demolition
Installation, cleaning, repair and maintenance relating to machines and motor vehicles
Conversion, repair, servicing, stripping, maintenance, care, cleaning and painting of vehicles, motors, wheels for vehicles and parts therefor
Vehicle fueling services
Vehicle breakdown repair services
Custom conversion of motor vehicle bodies, chassis, motors and engines (tuning), included in class 37
Vehicle painting
Vehicle polishing
Anti-rust treatment for vehicles
Vehicle maintenance
Vehicle cleaning
Retreading of tyres
Repair information
Charging of batteries and power storage devices, and rental of equipment therefore
Consultancy and information in relation to the aforesaid services, included in this class.
The mark was filed in class 40 with following description of goods:
Metal treating
Contract manufacturing in connection with motor vehicles, motor vehicle parts and fittings, motors and engines and drives for land vehicles, undercarriages for land vehicles, vehicle bodies and tyres for vehicle wheels
Battery recycling
Air purification
Air regeneration
Air freshening
Consultancy and information in relation to the aforesaid services, included in this class.
The mark was filed in class 42 with following description of goods:
IT services
Software development, programming and implementation
Computer hardware development
Hosting of computer sites (websites)
Software as a service [SaaS]
Rental of software
Rental of computer hardware and computer installations
IT consultancy, advisory and information services
IT security, protection and restoration
Data duplication and Data conversion
Data coding services
Computer analysis and Computer diagnostic services
Research and development, and implementation of computers and computer systems
Computer project management
Digital watermarking
Computer network services
Technological services relating to computers
Computer network services
On-line computer services
Updating the memory banks of computer systems
Data migration services
Updating of websites, for others
Monitoring of computer systems by remote access
Data encryption services
Consultancy in the field of the internet and data security
Server hosting
Cloud computing
Cloud hosting provider services
Providing virtual computer systems through cloud computing
Providing virtual computer environments through cloud computing
Design and development of virtual reality software
Science and technology services
Testing, authentication and quality control
Design services
Industrial analysis and research services
Styling [industrial design]
Research and development for others with regard to new products
Provision of scientific information, advice and consultancy in relation to carbon offsetting
Digitization of documents [scanning]
Development of vehicles
Engineering services
Technical research
Surveying
Software design for others
Technical control services in relation to the following goods: Wirelessly connected electric battery apparatus incorporating firmware and software for the storage and supply of electricity to ensure proper function and programming to meet electricity requirements and usage goals
Design in relation to the following goods: Electric battery systems, consisting of wirelessly connected electrical battery apparatus and supporting software, all for the storage and discharge of stored electricity, to optimise the design efficiency, programming and configuration of the aforesaid systems and consultancy connected therewith
Software as a service [SaaS] containing software for monitoring, optimising, and regulating the storage and discharge of stored energy to and from wirelessly connected electric battery apparatus
Online providing, in relation to the following goods: Non-downloadable software for monitoring, optimising, and regulating the storage and discharge of stored energy to and from wirelessly connected electric battery apparatus
Maintenance services of: Software and firmware embedded in wirelessly connected electric battery apparatus for the storage and discharge of stored electricity, through programming and configuration of software for electric battery apparatus
Installation services, maintenance, repair, upgrading Relating to the following sectors: Remote-updated computer software and firmware embedded in wirelessly connected electric battery apparatus, and consultancy connected therewith for the storage and discharge of stored electricity to stabilise and meet electricity requirements and usage goals
Installation, integration, maintenance and repair and upgrading of computer software, and consultancy relating thereto, in relation to the storage, discharge, supply, transmission and stabilisation of electricity
Leasing in relation to computer software for the storage, discharge, supply, transmission and stabilisation of electricity
Operation, maintenance and regulation of computer software for the storage, discharge, supply, transmission and stabilisation of electricity, and consultancy relating theret
Consultancy and information in relation to the aforesaid services, included in this class.