The trademark COLUMBUS ELITE was filed by Columbus Energy S.A., a corporation established under the laws of the Republic of Poland (the "Applicant"). The application was published for oppositions on August 30, 2022, and received one opposition filed on November 29, 2022 by Columbus A/S on (a) Art. 8(4), (b) Likelihood of confusion. the opponent was represented by GORRISSEN FEDERSPIEL ADVOKATPARTNERSELSKAB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 29, 2022
The application was filed in English, and English was also language of all opposition proceedings (Spanish was selected as the second language).
Goods And Services
The mark was filed in class 35 with following description of goods:
Arranging of contracts, for others, for the providing of services
Procuring of contracts for the purchase and sale of goods
Procurement of contracts concerning energy supply
Energy price comparison services
Billing services in the field of energy
Tariff information and advisory services
Business brokerage services
The bringing together, for the benefit of others, of retail natural gas and fuel gas supplier services, enabling customers to conveniently view and purchase those services
Retail services in relation to natural gas and fuel gas
Representation and brokerage on the energy market for enterprises producing electricity, natural gas and renewable energy
Retail services in relation to Solar panels, Solar panels for the production of electricity, Photovoltaic inverters, Photovoltaic modules, Photovoltaic cells, Photovoltaic solar modules, Photovoltaic installations for generating electricity [photovoltaic power plants], Accumulators for photovoltaic power, Modules for photovoltaic power generation, Photovoltaic apparatus for generating electricity, Batteries, Accumulators [batteries], Lithium batteries, Solar batteries
Retail services in relation to Apparatus for measuring, monitoring and analyzing electricity consumption, computer software for measuring, monitoring and analyzing electricity consumption, mobile apps for measuring, monitoring and analyzing electricity consumption
Retail services in relation to Mobile applications for the management of electric vehicle charging stations, smart home automation electronic devices, electronic devices and computer software that allow users to remotely interact with environmental monitoring, control, and automation systems
Retail services in relation to electronic devices and computer software that allow the sharing and transmission of data and information between devices for the purposes of facilitating environmental monitoring, control, and automation, Electric sensors, Electronic sensors, Electronic surveillance equipment and monitoring modules to monitor power consumption, Electric control devices for energy management
Retail services in relation to Electronic device software drivers that allow computer hardware and electronic devices to communicate with each other, Systems and software for switching and regulating energy consumers, Systems and software for switching and regulating electricity consumers, Systems and software for switching and regulating power generators, Systems and software for switching and regulating energy generators, Systems and software for remote monitoring of technical systems
Retail services in relation to Systems and software for remote monitoring of power supply devices, computer programs for information, analyzing and reporting of energy use, energy efficiency, energy saving, cost analysis, administration, energy analysis, invoice management, ecological reports, analysis of environmental influence, trend reporting and alarm systems, Electronic security systems, Software to control building environmental, access and security systems, Charging stations for electric vehicles
Retail services in relation to Battery charging devices for motor vehicles, Computer software and mobile apps for analyzing and managing energy distribution, consumption and storage, computer programs for information, analyzing and reporting of energy use, energy efficiency, energy saving, cost analysis, Home automation software, wireless-operated apparatus for reading data from (smart) meters, Smart meters
Retail services in relation to Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes for use in solar-thermal or photovoltaic installations, Pressure water tanks, Flushing tanks, Hot water cylinders, Heating boilers, long-term heat accumulators, Solar heat collectors, Heat accumulators, Heat pumps, Solar collectors [heating], Solar furnaces, Solar thermal collectors [heating], Solar energy powered heating installations
Retail services in relation to Solar energy powered heating installations, Thermal storage instruments [solar energy] for heating, Thermal storage instruments [solar energy] for heating, Heat pumps, Roof panels for solar thermal and photovoltaic collectors [heating] (none of metal), Solar installations for heat generation.
The mark was filed in class 36 with Brokerage of electrical energy.
The mark was filed in class 37 with following description of goods:
Installation and maintenance of photovoltaic installations
Installation of photovoltaic cells and modules
Maintenance, repair and reconditioning of photovoltaic apparatus and installations
Installation, repair and maintenance of electric power stations, electricity distribution networks and power transformer stations
Installation, repair and maintenance of networks for the distribution of gas, electricity and any other source of electric power
Installation, repair and maintenance of apparatus and devices for controlling energy consumption, apparatus for lighting, heating, steam production, cooking, freezing, drying and ventilating purposes, regulating and security fittings, feeding apparatus for heating boilers, gas purifying apparatus, boilers and gas igniters
Providing of information relating to the aforesaid activities
Installation, repair and maintenance of apparatus and machines for the automated control of lighting, temperature, security and telecommunications in buildings
Construction, installation, repair and maintenance of electric power stations and buildings and installations therefor
Charging of electric vehicles
Installation, repair and maintenance of charging stations for electric vehicles.
The mark was filed in class 39 with following description of goods:
Transport, distribution, supply and storage of electricity and energy
Rental of electric cars
Rental of apparatus for conducting, switching and accumulating electricity
Rental of apparatus for conducting and accumulating gas
Rental of gas distribution apparatus
Water supplying
Transport by pipeline.
The mark was filed in class 40 with following description of goods:
Energy production
Electricity generating
Leasing of energy generating equipment
Recycling of solar panels and solar installations
Assembly of products for others, namely, assembly of apparatus and machines for the automated control of lighting, temperature, security and telecommunications in buildings.
The mark was filed in class 42 with following description of goods:
Development of energy and power management systems
Design and development of energy distribution networks
Recording data relating to energy consumption in buildings
Technical advice in connection with energy-saving measures
Engineering services in the field of energy technology
Advisory services relating to the use of energy
Design and development of regenerative energy generation systems
Providing technical advice relating to energy-saving measures
Technological consulting services in the field of alternative energy generation
Technological consultancy in the fields of energy production and use
Consultancy relating to technological services in the field of power and energy supply
Provision of information concerning research and technical project studies relating to the use of electrical energy
Engineering project management services
Technical monitoring and evaluation and consultancy in the field of measuring electrical energy
Consultancy in the field of energy saving and energy efficiency
Research and analysis in the field of energy
Certification services for the energy efficiency of buildings
Technological analysis relating to energy and power needs of others
Drawing up of studies, reports, projects and assessments, all being technical in nature, relating to gas, electricity and any other sources of energy
Calibration [measuring]
Energy auditing
Engineering services
Conducting technical project studies
Research, development and design of electric power stations
Consultancy in the field of energy use and energy efficiency management
All of the aforesaid services in relation to products used within the energy sector.