The trademark EPULS was filed by Epuls GmbH, a corporation established under the laws of the Republic of Austria (the "Applicant"). The application was published for oppositions on September 26, 2022, and received one opposition filed on December 7, 2022 by Telefónica Germany GmbH & Co. OHG on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by LORENZ SEIDLER GOSSEL RECHTSANWÄLTE PATENTANWÄLTE PARTNERSCHAFT MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 7, 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 professional address of the trademark registration was recorded on February 23, 2023.
Goods And Services
The mark was filed in class 9 with following description of goods:
Charging stations for electric vehicles
Battery charging devices for motor vehicles
Apparatus and instruments for collecting, conducting, switching, transforming, accumulating, regulating or controlling electricity
Electric control devices for energy management
Measuring, monitoring and control apparatus and instruments for the transport, distribution and supply of electrical energy, all the aforesaid goods only in relation to the following fields: E-Mobility.
The mark was filed in class 35 with following description of goods:
Computerised business information processing services
Providing business information via a web site
Procurement services for others [purchasing goods and services for other businesses]
Computerized file management
Data processing services [office functions]
Affiliate marketing
Negotiation and conclusion of commercial transactions for third parties
Commercial intermediation services
Arranging of trading transactions and commercial contracts
Procurement of contracts [for others]
Office services for electronically collating data
Office services for electronically manipulating data
Office services for electronically collecting data
Data processing, systematisation and management
Collection of data
Provision of an online marketplace for buyers and sellers of goods and services
Marketing, advertising and Advertising agencies, in relation to the following fields: Electrical energy, Electric vehicles, Trading of carbon credits, The environment, Climate protection
Commercial information and advice for consumers in the choice of products and services
News clipping services
Providing user reviews for commercial or advertising purposes
Consumer profiling for commercial or marketing purposes
Lead generation services
Providing of commercial information in the field of electromobility, all the aforesaid services only in relation to the following fields: E-Mobility and/or Trading of carbon credits.
The mark was filed in class 36 with following description of goods:
Brokerage of carbon credits
Brokerage
Brokerage of carbon offsets
Brokerage of emission rights
Provision of charitable fundraising services in relation to carbon offsetting
Providing project grants for environmental and health awareness projects, all the aforesaid services only in relation to the following fields: Electric mobility and/or Brokerage of carbon credits.
The mark was filed in class 37 with following description of goods:
Charging of electric vehicles
Assembly and installation of distribution and transport networks
Installation, repair and maintenance of electric charging station equipment
Service stations for electric vehicle charging, all the aforesaid services only in relation to the following fields: Electric mobility and/or Trading of carbon credits.
The mark was filed in class 42 with following description of goods:
Electronic data storage
Installation of computer software
Platform as a service [PaaS]
Computer programming services for data processing
Software as a service [SaaS]
IT services
Providing temporary use of web-based applications
All the aforesaid services Especially, Relating to the following sectors: Electric vehicles, Charging stations for electric vehicles, Trading of carbon credits, Environmental protection, Climate protection
Compilation of environmental information
Provision of scientific information, advice and consultancy in relation to carbon offsetting
Consultation in environment protection
Provision of technical information In the field of electric mobility, all the aforesaid services only in relation to the following fields: Electromobility and/or Trading of carbon credits.