The trademark NEXUS OF CLEAN was filed by Chart Inc., a U.S. corporation (the "Applicant"). The application was published for oppositions on November 15, 2022, and received one opposition filed on February 14, 2023 by Nexus Automotive International SA on Likelihood of confusion. the opponent was represented by ISERN PATENTES Y MARCAS, S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 14, 2023
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Goods And Services
The mark was filed in class 6 with following description of goods:
Metal tubing
Metal vacuum insulated pipe
Metal cylinders and tanks, namely, cylinders and tanks for storage or transport of liquids or gases
Metal cylinders and tanks for storage or transport of compressed liquids or gases
Hydrogen storage tanks of metal
Hydrogen storage and power systems, namely, hydrogen storage tanks of metal for optimizing solar and wind systems during lulls and peaks comprised of heat exchangers for chemical processing, tanks, compressors, dispensers, electrolyzers, valves, pumps, electronic controls, heat exchangers, fluid and heat transfer piping, sensors and pressure regulators, fuel cell stacks and gas operated power generators.
The mark was filed in class 7 with following description of goods:
Hydrogen refuellers, namely, hydrogen dispensing pumps for service stations
The mark was filed in class 11 with following description of goods:
Freezers, namely, for cryogenic storage
Heat exchangers not being parts of machines
Refrigerated shipping containers for cryogenic use
Cryogenic refrigerators
Plumbing fittings, namely, valves
Devices for the cleaning, purification and separation of gases
Water treatment equipment, namely,reverse osmosis units
Water treatment equipment, namely, filtration equipment
Water treatment unit for aerating and circulating water
Microbubble generators for waste water treatment
Water treatment equipment
Water reclamation equipment
Industrial water process equipment
Water treatment equipment, namely, coagulation filtration
Water treatment equipment, namely, adsorption equipment
Water treatment equipment, namely, ion exchange equipment
Water treatment equipment, namely, water treatment modules using membrane technology
Water treatment equipment, namely, oxidation filtration systems
Water treatment equipment, namely, desalination equipment
Water treatment equipment, namely, equipment that uses oxygenation, odor control, pH adjustment, oxidation, to processes, contain, and remove contaminants in water, and purify water
Control panels for water treatment equipment
Water treatment equipment, namely, water filtration units
Water treatment equipment, namely, chemical sterilization units
Water treatment equipment, namely, engineered gas-dissolution systems and injection assemblies
Water treatment equipment, namely, pressurized dissolution vessels
Water treatment equipment chemical applicators and feed systems
Hydrogen generators
Hydrogen generators for industrial processes and fueling stations
Hydrogen power storage systems comprised of heat exchangers for chemical processing tanks, compressors, dispensers, electrolyzers, valves, pumps, electronic controls, fluid and heat transfer piping, sensors and pressure regulators
Hydrogen generators.
The mark was filed in class 35 with following description of goods:
Online retail store services featuring cryogenic, energy, chemical, biomedical, cryobiological, oxygen and air separation equipment and systems
Distributorship services in the field of cryogenic, energy, chemical, biomedical, cryobiological, oxygen and air separation equipment and systems
Business consulting services in the field of clean energy solutions, namely, consulting services related to management of energy resources, energy storage, energy grid integration related to clean energy resources, and the technical requirements and application of clean energy in specific venues
Public advocacy to promote awareness of clean energy, clean energy systems and clean energy integration solutions
Business consulting services in the field of designing and implementing clean energy solutions for renewable energy and renewable energy strategies directed to large commercial and industrial energy users.
The mark was filed in class 37 with following description of goods:
Installation and repair of cryogenic, energy, chemical, biomedical, cryobiological, oxygen and air separation equipment and systems
Installation and maintenance services of hydrogen energy products and hydrogen powered devices
Installation, repair and overhaul of generator systems
Construction of alternative energy systems
Maintenance of hydrogen gas stations, namely, maintenance and installation of hydrogen charging stations
Rental of hydrogen station equipment, not for repair and maintenance of automobiles, namely, rental of hydrogen dispensers for service stations
Remote support, namely, repair of water treatment equipment and water reclamation equipment.
The mark was filed in class 39 with following description of goods:
Storage and distribution of hydrogen
Hydrogen distribution
Gaseous or liquid fuel distribution
Distribution of energy, namely, gas, electricity, water and heat
Transportation and storage of hydrogen, gas, water, fuel, chemicals or energy
Providing information in relation to all of the aforesaid services, including via computer networks
Advisory and consultancy services in relation to the aforesaid services
Transportation and storage of Carbon, Carbon Oxides, Hydrocarbons, and Hydrogen
Carbon capture services in the nature of transportation of carbon
Carbon capture services in the nature of storage of carbon
Storage and transportation of hydrogen
Transport
Transport by rail, air, land, road, sea and pipeline
Packaging and storage of goods
Transportation, transmission, storage, supply, distribution and delivery of hydrogen
Transportation, transmission, storage, supply, distribution and delivery of hydrogen produced by renewable energy sources
Physical storage of captured carbon dioxide (CO2) for others.
The mark was filed in class 40 with following description of goods:
Manufacture of cryogenic, energy, chemical, biomedical, cryobiological, oxygen and air separation equipment and systems
Wastewater treatment services
Water reclamation services
Water treatment services
Consulting services in the field of water and wastewater treatment, water reclamation, and industrial water processes
Operation of wastewater treatment equipment, water reclamation equipment, and industrial water process equipment and installations
Water treatment services, namely, desalination, purification, conditioning, identifying, and controlling microbiological organisms, and cleaning of ion exchange resins
Membrane regeneration services, namely, treatment of filter membranes by cleaning
Refurbishment of wastewater treatment equipment, water reclamation equipment, and industrial water process equipment
Providing information to others, over a global computer network, relating to water and wastewater treatment and industrial water processes, methods and operations
Carbon capture services for others, namely, processing of carbon, freezing of carbon, carbon gas compression, treatment of carbon
Carbon utilization services in the nature of carbon processing
Carbon utilization services in the nature of carbon recycling services for others
Chemical treatment of gas, namely, carbon capture for others using direct air capture technology.
The mark was filed in class 42 with following description of goods:
Design and engineering of cryogenic, energy, chemical, biomedical, cryobiological, oxygen and air separation equipment and systems
Scientific and technological services, namely, research and design in the field of development of hydrogen production stations and the storage and distribution of hydrogen
Research, development, and test of hydrogen production methods and the efficacy of hydrogen products
Material testing of solid or gaseous hydrogen
Design and test of hydrogen storage systems and hydrogen generators
Design of alternative energy systems
Engineering and product development in the field of hydrogen systems
Research and development and consultation related thereto in the field of Carbon Capture, Chemical Processes, Energy, Systems Engineering, Water Treatment
Research and development in the field of Carbon Capture, Chemical Processes, Energy, Systems Engineering, Water Treatment
Research and development of technology in the field of Carbon Capture, Chemical Processes, Energy, Systems Engineering, Water Treatment
Carbon utilization services in the nature of research and development of new products for others in the field of carbon capture
Engineering services and scientific research in the field of carbon capture and carbon utilization
Scientific and technological services as well as research and design services relating thereto
Industrial analysis and industrial research services
Design and development of computers and software
Provision of scientific information and advice regarding carbon offsetting
Research in the field of CO2 emission reduction
Testing, analysis and evaluation of products and services of others with a view to their certification
Quality control services for certification purposes
Test services for quality or standard certification
Design and development of software and hardware for the deployment of hydrogen fueling stations
Engineering services in the field of reducing carbon dioxide emissions
Consulting services in the field energy efficiency, namely, use of solar power and clean energy solutions for homeowners and businesses
Technical consultation in the field of the construction of hydrogen production stations
Technical consultation in the field of storage and distribution of hydrogen
Technical assistance or consultancy relating to water oxygenation, odor control, pH adjustment, oxidation, and other methods of contaminant removal and water purification, namely, including those intended to optimize operation of water treatment and industrial water equipment, processes and installations
Remote monitoring of computer systems of water treatment equipment and water reclamation equipment
Testing, analysis, and evaluation of water to determine water quality.