The trademark ENERWE was filed by ALFONSO VEGA NAVARRO, a national of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on August 28, 2022, and received one opposition filed on November 27, 2022 by Südwestfalen Energie und Wasser AG on (a) Art. 8(4), (b) Likelihood of confusion. the opponent was represented by BRAUN-DULLAEUS PANNEN EMMERLING PATENT- UND RECHTSANWALTSPARTNERSCHAFT MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 27, 2022
The application was filed in Spanish, and Spanish 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 January 14, 2024. Change of name and professional address of the trademark registration was recorded on January 15, 2024.
The Opposition with reference B 003183860 was refused according to Article 8(1)(b) EUTMR with decision issued on August 15, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 4 with Gas, Electrical energy, Electrical energy, Fuel, motor spirit.
The mark was filed in class 9 with following description of goods:
Electric regulating, signalling and operating apparatus and instruments not included in other classes
Apparatus and devices for controlling energy consumption
Computer software applications, downloadable
Apparatus for the transmission of data
Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity
Gas monitoring apparatus and instruments
Boiler control instruments
Gas testing instruments
Computer programs (software), in particular in the field of energy management
Checking (supervision) apparatus and instruments.
The mark was filed in class 11 with following description of goods:
Apparatus and instruments for conducting, distributing, transforming or accumulating gas
Gas regulation apparatus and instruments
Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes
Gas boilers and electric boilers
Regulation and reliability accessories for gas devices and conductors
Apparatus for the treatment, cleaning, purification and recovery of gas
Gas condensers
Electric and gas radiators
Gas heat generators
Gas lamps
Electric lamps
Gas burners
Gas cookers and Electric ranges
Ovens
Stoves
Radiators, heating radiators.
The mark was filed in class 35 with following description of goods:
Retail/wholesale services in relation to gas
Electronic commerce services, namely, providing information about products via telecommunication networks for advertising and sales purposes
Promotion of sales for others
Import-export agencies in the field of energy
Analysis of market research
Analysis of business information
Business and strategy consultancy
Marketing and business management consultancy
Business consulting
Book-keeping
Advertising
Market research services
Operation of businesses
Procurement of contracts for the purchase and sale of goods or services
Tariff information and advisory services.
The mark was filed in class 37 with following description of goods:
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
Fitting, 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.
The mark was filed in class 39 with following description of goods:
Rental of apparatus for conducting, switching and accumulating electricity
Rental of apparatus for conducting and accumulating gas
Rental of gas distribution apparatus
Distribution and storage of gas and electricity
Transport via gas pipes
Transport and storage of gas and electricity
Distribution, supply and transmission of energy.
The mark was filed in class 40 with following description of goods:
Energy production
Generation and production of electricity and gas
Processing of gas, purification and refining of gas, oils, gas oil, steam, hot water and solar energy, wind energy and biomass
Treatment and transformation of all kinds of fluids and waste using mechanical or chemical processes
Rental of boilers
Rental of power-generating equipment
Rental of heating and air conditioning apparatus
Leasing of energy generating equipment
Rental of apparatus for transforming electricity
Rental of apparatus for transforming gas.
The mark was filed in class 42 with following description of goods:
Rental of apparatus for regulating or controlling gas and electricity
Technical supervision and inspection
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]
Lease of data processing equipment
Energy auditing
Engineering services
Conducting technical project studies
Research, development and design of electric power stations.