The trademark ESGI was filed by FamN Torsten Nehls Copyright GbR, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on September 11, 2022, and received one opposition filed on December 11, 2022 by Capvis AG on Likelihood of confusion. the opponent was represented by NOERR ALICANTE IP, S.L. and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 11, 2022
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Change of name and address of the trademark registration was recorded on September 11, 2022. Appointment and Replacement of representative of the trademark registration was recorded on October 16, 2023. Appointment and Replacement of representative of the trademark registration was recorded on October 22, 2023.
Goods And Services
The mark was filed in class 2 with following description of goods:
Colorants
Lacquers
Coatings
Preservatives
Raw natural resins
Anti-rust preparations
Wood preservatives
Colorants
Mordants.
The mark was filed in class 6 with following description of goods:
Building and construction materials and elements of metal
Buildings of metal
Pipes, tubes and hoses, and fittings therefor, including valves, of metal
Metal hardware
Containers, and transportation and packaging articles, of metal
Keys of metal
Locks of metal
Doors, gates, windows and window coverings of metal.
The mark was filed in class 7 with following description of goods:
Concrete finishing machines
Agricultural, earthmoving, construction, oil and gas extraction and mining equipment
Agricultural, gardening and forestry machines and apparatus
Pumps, compressors and blowers
Moving and handling equipment
Conveyors and conveyors belts
Machines and machine tools for treatment of materials and for manufacturing
Waste management and recycling machines.
The mark was filed in class 8 with following description of goods:
Hand-operated tools and implements for treatment of materials, and for construction, repair and maintenance
Agricultural, gardening and landscaping tools
Cutting, drilling, grinding, sharpening and surface treatment hand tools.
The mark was filed in class 9 with following description of goods:
Software
Software
Mobile apps
Electronic publications, downloadable
Downloadable image files
Recorded content
Encoded service cards and identity cards
Sound, image and data carriers
Logistics software
Energy regulators
Measuring, detecting, monitoring and controlling devices
Measuring devices
Electrical and electronic components
Electric cables and wires
Protective and safety equipment
Apparatus for scientific research
Data processing apparatus
Computers.
The mark was filed in class 11 with following description of goods:
Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes
Sanitary installations
Sanitary apparatus and installations
Water supply installations
Sanitary and bathroom installations and plumbing fixtures
Decorative fountains, sprinkler and irrigation systems
Lighting and lighting reflectors.
The mark was filed in class 17 with following description of goods:
Insulation and barrier articles and materials
Gaskets
Caulking materials
Packing materials
Stopping devices
Flexible pipes, tubes, hoses and fittings therefor (including valves), and fittings for rigid pipes, all non-metallic
Plastics in extruded form for use in manufacture
Thermal insulation articles and materials
Acoustic insulation articles and materials
Fire resistant and fire preventive articles and materials
Insulation sheets.
The mark was filed in class 19 with following description of goods:
Building and construction materials and elements, not of metal
Structures and transportable buildings, not of metal
Wood and artificial wood
Concrete
Tiles
Stone, rock, clay and minerals
Marble
Granite
Pottery stone
Statues and artworks made of stone, concrete and marble
Doors, gates, windows and window coverings, not of metal.
The mark was filed in class 20 with Furniture and Items of furniture..
The mark was filed in class 24 with following description of goods:
Textile material
Textile goods, and substitutes for textile goods
Coverings for furniture.
The mark was filed in class 27 with following description of goods:
Floor coverings and artificial ground coverings
Wall and ceiling coverings
Wallpaper.
The mark was filed in class 35 with following description of goods:
Business management of logistics for others
Advertising, marketing and promotional services
Public relations services
Business consultancy and advisory services
Energy price comparison services
Rental of advertising space
Business analysis, research and information services
Advisory services relating to promotional activities, in relation to the following fields: Real estate affairs
Compilation and systemization of information into computer databases
Office services for electronically collecting data
Updating and maintenance of data in computer databases
Services rendered by a franchisor, namely, assistance in the running or management of industrial or commercial enterprises
Business management, business administration, office functions
Arranging of trade fairs and exhibition for commercial or advertising purposes
Auctioneering of property
Retail and wholesale services in relation to: Industrial chemicals, Paints, Protectants, Building materials, Tools, Data-processing apparatus, Software, Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating and water supply and Sanitary installations, Packing, stopping and insulation materials, Furniture, textiles, textile products, Floor coverings, Wall hangings.
The mark was filed in class 36 with following description of goods:
Finance services
Real estate affairs
Insurance underwriting
Real estate services
Real estate procurement
Brokerage
Credit bureau services
Real estate financing
Loan advice
Real estate consultancy
Real estate appraisal
Real estate management
Rental of real estate
Planning (estate -) [financial]
Leasing of land
Providing information relating to real estate affairs, via the Internet.
The mark was filed in class 37 with following description of goods:
Building, construction and demolition
Building fabric maintenance
Interior and exterior cleaning of buildings
Construction of property
Construction
Renovation of property
Installation and repair, namely Installation and repair of lifts and heating, ventilating, air conditioning and sanitary installations in buildings
Cleaning services, Maintenance services, in relation to the following fields: Real estate
Advisory services relating to the renovation of property
Building repair
Concreting
Concrete renovation
Extermination, disinfection and pest control.
The mark was filed in class 39 with following description of goods:
Storage
Transport
Rental services related to transportation and storage
Distribution of energy
Transport
Packaging and storage of goods
Loading of materials
Landfill maintenance, namely, Storage of waste, Transport services, in relation to the following fields: Waste
Storage, Transport, in relation to the following fields: Sand, Slag
Rental of warehouses
Distribution by means of pipelines.
The mark was filed in class 40 with following description of goods:
Recycling services
Generation of power
Metal treating, namely engraving, enamelling, tempering, forging, punching, shaping
Printing
Tempering of metal (treatment of metal)
Colour coating [dyeing]
Coating of metals (treatment of materials)
Material treatment information
Rental of objects in connection with the providing of the aforesaid services
Consultancy, advisory and information services relating to the aforesaid services
Processing of contaminated soils, Treatment of sediments
Sandblasting services
Welding services
Soldering
Timber preservation
Water treating
Energy production.
The mark was filed in class 41 with following description of goods:
Issue of publications
Online publication services
Writing of texts
Arranging, conducting, Organising, in relation to the following fields: Courses, Tuition, Training, Seminars, Workshops, Events, Colloquiums, Lectures, Conferences
Reporting
Teaching
Entertainment services
Provision of training and further training
Publishing and reporting
Training
Sporting and cultural activities
Audio production
Video production services
Multi media production services,
Photography.
The mark was filed in class 42 with following description of goods:
Science and technology services
Natural science services
Testing, authentication and quality control
Design and development of computer software for logistics
Engineering services
Engineering services, Relating to the following sectors: Planning of buildings, Planning of installations, Including building project development
Provision of research services
Design services
Design and development of computer hardware and software
Material testing
Research in the field of environmental protection
Research and development services relating to new goods, for others [soil mechanics laboratory and field studies]
Construction and design planning
Building contractor services, namely Technical consultancy for clients, including structural engineering consultancy relating to the development of properties
Surveying
Surveying of real estate
Design services relating to real estate
Preparation of reports relating to real estate planning
Evaluation and testing of real estate for the presence of hazardous material
Development of usage concepts for real estate with regard to technical matters (facility management)
Surveying and exploration
Authentication and qualitycontrol
Technical building consultancy for clients and contractors
Technological consultancy in the fields of energy production and use
Building, namely the technical preparation of building projects
Energy auditing
Professional consultancy relating to the conservation of energy
Technical review of the efficient use of energy
Technological analysis relating to energy and power needs of others
Design and development of regenerative energy generation systems
Construction consulting
Technical evaluation of construction projects
Providing software as a service
Rental of software
Designing and creating homepages and Internet pages
Graphic-design services
Architectural services
Weighing of materials.
The mark was filed in class 44 with following description of goods:
Agriculture, aquaculture, horticulture and forestry services
Advisory and consultancy services relating to the use of non-chemical treatments for sustainable agriculture and horticulture
Horticulture, gardening and landscaping
Rental of apparatus, for use in the following fields: Agriculture, Aquaculture, Forestry.