The trademark STARLUX was filed by BAUHAUS Services GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on December 21, 2022, and received one opposition filed on March 21, 2023 by STARLUX INVESTMENTS LIMITED on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by CABINET BEAU DE LOMENIE and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 21, 2023
It was designated 'Basic Application' for International Application 1732938 at the World Intellectual Property Organization (WIPO).
The application was filed in German, and German 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:
Controllers for lighting installations [dimmers]
Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity
Switches, electric, remote controls for lighting
Home automation hubs
Power distributors [electrical]
Installations for the distribution of electrical energy
Electrotechnical apparatus and instruments
Hardware for house and building installations and for house and building automation
Displays
Electrical and digital indicators, hardware for data processing
Hardware for the control and remote control of locks, alarms, windows, doors, gates, domestic appliances, self-propelled cleaning apparatus, air-conditioning apparatus, heating apparatus, heaters, plugs, lamps, luminaires, lighting installations, consumer electronics, telecommunications apparatus, electronic data processing installations, computer networks, irrigation systems for house and garden, self-propelled garden tools, pumps, skimmers, smoke detectors, shutters, modems, displays, electrical and digital indicators, electrical controls, and for remote access to such apparatus
Communication and networking software [downloadable]
Social networking software [downloadable]
Software [downloadable] for controlling digital electronic devices, mobile apps of smart home hubs, power distributors [electrical], installations for the distribution of electrical energy and thermal energy, electrotechnical and electronic apparatus and instruments
Software [downloadable] for the control and remote control of locks, alarms, windows, doors, gates, domestic appliances, self-propelled cleaning apparatus, air-conditioning apparatus, heating apparatus, heaters, plugs, lamps, luminaires, lighting installations, consumer electronics, telecommunications apparatus, computer installations, computer networks, irrigation systems for house and garden, self-propelled garden tools, pumps, skimmers, smoke detectors, shutters, modems, displays, electrical and digital indicators, electrical controls, and for remote access to such apparatus
Remote control devices, signalling devices, controlling (monitoring) devices and surveillance devices for household and kitchen machines and appliances
Recorded and blank machine readable data carriers, namely magnetic data carriers for domestic appliances
Data processing programs for controlling and operating domestic appliances, displays, electrical and digital indicators, digital media streaming devices, media streaming devices
All these items also being controllable via mobile apps
Signalling lamps
Warning lamps
Parts for the aforesaid goods, included in this class.
The mark was filed in class 11 with following description of goods:
Lighting apparatus
Lighting and lighting reflectors
Lamps and lights
Recessed lights
Furniture lamps
Fluorescent lighting tubes
Spotlights
Luminaires
Construction lights
Down lights
Lighting systems
Electric torches
Lighting devices
Lamps with LEDs
Incandescent lamps
Fluorescent lighting tubes
Spotlights
Halogen lamps
Lighting systems
Dial lamps
Head torches
Building site lights
Building site reflectors
Building site lighting
Stage lights
Lamps
Lighting apparatus
Luminaires
Luminaires
LED luminaires
LED light strips
Lights for aquariums and pools
Lights for external installation
Electric lamps
LED lamps
Electric fairy lights
Christmas lights
Strings of lights
Strings of lights
Lighting panels
Light diffusers
Fixtures for incandescent light bulbs
Light bulbs, electric
LED light bulbs
LED spot lights with RGBW colour mixing
Radio-controlled luminaires and lamps, battery-powered luminaires and lamps
Music-controlled spot lights and luminaires
Sky beamers, illuminated dice
Luminaires with laser technology, floor-mounted lights
LED tape, LED strips
Glow sticks
Light sticks, illuminated arm bands, smart Wi-Fi LED light strips
All these items also being controllable via mobile apps
Installations for the distribution of thermal energy
Parts, fittings and auxiliary agents for the aforesaid goods, not included in other classes.
The mark was filed in class 35 with following description of goods:
Advertising, marketing and promotional services
Retailing and wholesaling, Especially, The bringing together and presentation of a variety of goods and services, including all the aforesaid services being provided via catalogues, television [teleshopping], the internet, mobile apps, virtual salesrooms, online auction houses, social networks and social media, in relation to the following goods: Controllers for lighting installations [dimmers], Apparatus and instruments for conducting, switching, transforming accumulating, regulating or controlling electricity, Switches, electric, remote controls for lighting, Smart home hubs, Electric power distributors, Installations for the distribution of electrical energy and thermal energy, Electrotechnical instruments and apparatus, Hardware for house and building installations and for house and building automation, Displays, Electrical and digital indicators, Data processing equipment, Hardware for the control and remote control of lock installations, alarm installations, household apparatus, self-propelled cleaning apparatus, air-conditioning apparatus, heaters, heating apparatus, sockets, lamps, luminaires, lighting installations, electronic entertainment apparatus, telecommunications equipment, EDP installations, computer networks, watering systems for the house and garden, self-propelled garden apparatus, pumps, skimmers, smoke alarms, roller blinds, modems, displays, electrical and digital indicators, electrical controls, and for remote access to such apparatus, communications and networking software [downloadable], social networking software [downloadable], software [downloadable] for controlling digital electronic devices, mobile apps of smart home hubs, power distributors [electrical], installations for the distribution of electrical energy and thermal energy, software [downloadable] for control and remote control of locks, alarms, windows, doors, gates, domestic appliances, self-propelled cleaning apparatus, air-conditioning apparatus, heaters, heating apparatus, sockets, lamps, luminaires, lighting installations, electronic entertainment apparatus, telecommunications equipment, EDP installations, computer networks, watering systems for the house and garden, self-propelled garden apparatus, pumps, skimmers, smoke alarms, roller blinds, modems, displays, electrical and digital indicators, electrical controllers and remote access to such apparatus, Electric irons, Remote control devices, signal equipments, Controlling (monitoring) devices and surveillance devices for household and kitchen machines and appliances, recorded and blank machine readable data carriers, Namely of Magnetic data carriers for domestic appliances, electrical apparatus for dispensing beverages or foodstuffs, Automatic dispensers, Data processing apparatus, data processing programs for controlling and operating domestic appliances, Displays, Electrical and digital indicators, Streaming equipment for digital media, Media streaming devices, all these items also being controllable via mobile apps, Apparatus for lighting, Lighting and light reflectors, Lamps and lights, Recessed lights, Furniture lights, Fluorescent tubes, projectors, Luminaries, Construction lights, Recessed lighting fixtures, Lighting systems, Electric torches, Lighting devices, LED lighting devices, Light bulbs, Fluorescent tubes, projectors, Halogen lamps, Lighting systems, Dial lamps, head-torches, Building site lights, Building site reflectors, Building site lighting, Stage lights, Signalling lanterns, Warning lamps, Lamps, Lightning units, Luminaires, Luminaires [lamps], LED lights, LED strip lights, Lights for aquariums and pools, Lights for external installations, Electric lamps, LED lamps, Electric light chains, Christmas lights, Light strings, strings of lights [rope lights], Lighting panels, Light diffusers, Mounts for incandescent lamps, Electric lamp bulbs, LED light bulbs, LED spot lights with RGBW colour mixing, radio-controlled luminaires and lamps, battery-powered luminaires and lamps, music-controlled spot lights and luminaires, sky beamers, illuminated dice, luminaires with laser technology, Recessed floor lamps, LED tapes, LED strips, glow sticks, Snap lights, Luminous bracelets, Smart Wi-Fi LED light strips, all these items also being controllable via mobile apps, Parts, fittings and aids for the aforesaid goods
Wholesale services in relation to lighting
Arranging of commercial transactions, for others, includng within the framework of e-commerce
Arranging of contracts, for others, for the buying and selling of goods and for the use of services
Handling of contracts, for others, for the buying and selling of goods and the use of services, namely by means of processing orders [office functions], order delivery services, including in the context of e-commerce, price calculation for goods and services and drawing up of statements of accounts
Public relations services
Collating, systematic ordering, updating and storage of data in a computer database
Gathering of information relating to goods in computer databases
Order placement and invoice management, including within the framework of e-commerce
Electronic commerce systems, namely the receiving and handling of electronically transmitted order transactions
Business analysis, research and information services
Product demonstrations and product display services
Arranging and conducting of in-house trade fairs
Services relating to customer loyalty, reward and bonus schemes
Rental of office equipment, scanners, printers, cutting plotters, photoplotters, and plotter technology of all kinds
Addressing of envelopes
Addressing of envelopes
Stapling [collation and binding] of letters and documents and pamphlets.
The mark was filed in class 37 with Installation of lighting apparatus, including by means of catalogues, television [teleshopping], the internet, mobile apps, virtual showrooms, internet auction sites, social networks and social media and advisory services relating to the installation of lighting apparatus, including by means of catalogues, television [teleshopping], the internet, mobile apps, virtual showrooms, internet auction sites, social networks and social media..
The mark was filed in class 38 with following description of goods:
Streaming of data
Streaming of video material on the internet
Streaming of television over the Internet
Video, audio, image and television streaming services
Streaming of visual material on the internet
Streaming of audio, visual and audiovisual material via a global computer network
Transmission of data, audio, video, image and multimedia recordings, including downloadable files, and of files streamed via a global computer network
All these services including by means of the internet, mobile apps, social networks and social media.
The mark was filed in class 39 with franking of goods, Packaging of goods, Despatch of goods.
The mark was filed in class 41 with following description of goods:
Planning, arranging and conducting of training and further training, seminars, congresses, training courses, corporate events and multimedia learning programmes
Arranging of workshops
Providing of training and tuition, including via electronic media
Audio, image and video production services
Providing of training, education, entertainment
Providing on-line electronic publications, not downloadable
Providing of audio and visual media via communications networks [not downloadable]
Providing of recorded or downloadable audio, video, image and multimedia recordings [non-downloadable]
Providing of electronic online publications in the fields of home improvements, training and further training, not downloadable
Library services related to data stored and retrieved by electronic means
All these services including by means of the internet, mobile apps, social networks and social media.
The mark was filed in class 42 with following description of goods:
Design of lighting systems
Technical consultancy in the field of light engineering, including by means of catalogues, television [teleshopping], the internet, mobile apps, virtual showrooms, internet auction sites, social networks and social media
Providing of temporary use of non-downloadable software for the control and remote control of equipment for house and building installation and the control and remote control of equipment for house and building automation
Providing of temporary use of non-downloadable software for controlling smart home hubs, power distributors [electrical], installations for the distribution of electrical energy and thermal energy
Providing of temporary use of non-downloadable software for control and remote control of locks, alarms, windows, doors, gates, domestic appliances, self-propelled cleaning apparatus, air-conditioning apparatus, heating apparatus, heaters, plugs, lamps, luminaires, lighting installations, consumer electronics, telecommunications equipment, electronic data processing installations, computer networks, irrigation systems for house and garden, self-propelled garden tools, pumps, skimmers, smoke detectors, shutters, modems, displays, electrical and digital indicators, electrical controls, and for remote access to such apparatus
Software as a service [SaaS] for the control and remote control of locks, alarms, windows, doors, gates, domestic appliances, self-propelled cleaning apparatus, air-conditioning apparatus, heating apparatus, heaters, plugs, lamps, luminaires, lighting installations, consumer electronics, telecommunications apparatus, computer installations, computer networks, irrigation systems for house and garden, self-propelled garden tools, pumps, skimmers, smoke detectors, shutters, modems, displays, electrical and digital indicators, electrical controls, and for remote access to such apparatus
Providing of temporary use of non-downloadable communication and networking software
Providing of temporary use of non-downloadable social networking software
Providing of temporary use of non-downloadable software for controlling digital electronic devices, mobile apps
Lighting, regulating and control technology consulting services
Hosting of computer sites (websites)
Information technology and telecommunications technology consultancy
Server administration
Technical project management in the field of electronic data processing
Configuring computer networks by means of software
Services of an EDP programmer
Consultancy in the field of energy-saving
Information technology [IT] consultancy
Hosting of digital content on the Internet
Programming of electronic control systems
Consultancy and information relating to the sustainability of the aforesaid services, included in this class
Design of web-sites
All these services including by means of the internet, mobile apps, social networks and social media.