The trademark eco-T was filed by Lorenz Pichler, a national of the Republic of Austria (the "Applicant") and Magdalena Pichler, a national of the Republic of Austria (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on August 23, 2022, and received one opposition filed on November 7, 2022 by GRUPO GREMVI GALICIA, S.L. 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 November 7, 2022
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 7 with following description of goods:
Machine tools and power tools
Motors, other than for land vehicles
Machine coupling and transmission components (except for land vehicles)
Agricultural implements other than hand operated hand tools
Hydraulic controls for machines, motors and engines
Construction machines
Road making machines
Machines for hard shoulder stabilisation
Machines for hard shoulder remediation
Road verge milling cutters
Milling machines, for use in the following fields: Road building
Machines for laying and/or embedding land cables, electricity networks, power cables, cables, lines, cable lines, pipes, pipelines, gas and/or water-pipes
Excavators
Mineworking machines
Concrete mixers [machines]
Bulldozers
Drainage machines
Earth moving machines
Railroad constructing machines
Ditchers [ploughs]
Agricultural machines
Bitumen making machines
Pneumatic hammers
Shovels, mechanical
Road sweeping machines, self-propelled
Tarring machines
Crushing machines.
The mark was filed in class 9 with following description of goods:
Telecommunications cables
Telecommunications networks
Telecommunications equipment
Transmitters [telecommunication]
Telecommunication apparatus
Telecommunications software
Telecommunication apparatus
Telecommunications equipment
Transmitters [telecommunication]
Portable telecommunications apparatus
Electric telecommunications apparatus
Electronic telecommunications apparatus
Wearable telecommunication apparatus
Portable telecommunications apparatus
Programmable telecommunication apparatus
Digital telecommunications apparatus
Mobile telecommunications handsets
Connectors for telecommunication apparatus
Computer hardware for telecommunications
Telecommunications signal processing apparatus
Telecommunications instruments for use in cellular radio networks
Signal cables for IT, AV and telecommunication
Telecommunications apparatus for use with mobile networks
Radiotelephones
Mobile telephones
Encoded smart cards
Blank smart cards
Integrated circuit cards [smart cards]
Data communications apparatus and instruments
Modems
Cases for telephones
Batteries for phones
Battery chargers for use with telephones
Headsets for mobile telephones
Mobile phone docking stations
Cell phone covers
Software for mobile phones
Displays for mobile phones
External memories for cellphones
Cell phones having large keys and numbers that assist users having impaired vision or dexterity.
The mark was filed in class 35 with following description of goods:
Billing (office functions), in particular the drawing up, processing and sending of telecommunications invoices by means of electronic data transmission
Retail services for telecommunications terminals
Collating, systematic ordering and maintenance of data in a computer database
Compilation and systemisation of data and information on Internet domains and e-mail addresses in computer databases
Business consultancy services relating to the supply of quality management systems
Advice on the analysis of consumer buying habits and needs provided with the help of sensory, quality and quantity-related data
Consultancy and information for consumers via customer services, product management and prices on Internet sites for online shopping.
The mark was filed in class 37 with following description of goods:
Construction
Construction project management services
Installing of telecommunications networks
Wiring of buildings for telecommunication transmission
Repair or maintenance of telecommunication machines and apparatus
Providing information relating to the repair or maintenance of telecommunication machines and apparatus
Installation and repair of telecommunications networks
Advisory services relating to the installation of telephone equipment
Advisory services relating to the installation of communication equipment
Supervision of building repair
Consultation in building construction supervision
Rental of tools, plant and equipment for construction, demolition, cleaning and maintenance
Building, construction and demolition
Installation of radio telephone equipment
Construction consultancy
Building services relating to building for industry purposes
Communications infrastructure construction
Structural engineering
Installation and maintenance of hardware for computer networks and Internet access
Installation of cables for Internet access
Maintenance and repair of data communications networks
Installation of telephone lines.
The mark was filed in class 38 with following description of goods:
Telecommunication services
Telecommunication services
Telecommunications consultancy
Electronic communications services
Internet based telecommunication services
Information about telecommunication
Transfer of data by telecommunications
Mobile telephone communication services
Consultancy in the field of telecommunications
Communication services by radio
Communication services by satellite
Telecommunications services using cellular radio networks
Consultancy in the field of telecommunications
Telecommunication services
Operation of wide-band telecommunications networks
Internet access services
Communication services for the electronic transmission of data
Information services relating to telecommunications
Information about telecommunication
Providing access to telecommunication networks
Professional consultancy relating to telecommunications
On-line information services relating to telecommunications
Provision of telecommunication tariff information
Operation of cellular communications systems
Telecommunications services provided via the Internet, intranet and extranet
Provision of telecommunications connections for telephone chat lines
Message sending and receiving services
Telephone and telecommunication services
Telephone voice messaging services.
The mark was filed in class 42 with following description of goods:
Research in the field of telecommunications technology
Monitoring of telecommunication signals
Programming of telecommunications software
Analysis of telecommunication signals
Testing of telecommunication signals
Computer programming for telecommunications
Design of telecommunications apparatus and equipment
Design of telecommunications apparatus and equipment
Telecommunications engineering consultancy
Certification services of messages transmitted via telecommunications
Certification services of data transmitted via telecommunications
Testing, analysis and monitoring of telecommunication signals
Creating and maintaining websites for mobile phones.