The trademark FREEN was filed by FREEN OÜ, a corporation established under the laws of the Republic of Estonia (the "Applicant"). The application was published for oppositions on September 22, 2022, and received one opposition filed on December 12, 2022 by FREE on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by COURSIN CHARLIER AVOCATS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 12, 2022
The application was filed in Estonian, and Estonian was also language of all opposition proceedings (English was selected as the second language).
Change of name and address of the trademark registration was recorded on February 13, 2023. Divisions of EUTM registrations of the trademark registration was recorded on February 19, 2023.
The Opposition with reference B 003184844 was partially refused EUTMA/IR according to Article 8(5) EUTMR with decision issued on January 25, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Electrical, electronic equipment for wind mills, wind power plants, wind turbines and other wind-operated machines
Control and monitoring equipment including for automatically turning on or off the generator and for automatic starting after public power line break-downs
Apparatus for overvoltage protection against strokes of lightning
Vibration and oscillation sensors for installation in mill housings
Watt-hour meters
Electrical, electronic equipment for protection of animals, especially bat
Solar batteries for industrial use
Solar panels
Solar panels for the production of electricity
Portable solar panels for generating electricity
Solar energy collectors for electricity generation
Accessories, parts and fittings for aforesaid goods, spare parts lists.
The mark was filed in class 37 with following description of goods:
Erection, construction, installation, maintenance, upkeep, repair, renewal and rebuilding of windmills, wind power plants, wind energy equipment, wind turbines and other wind powered machines and parts thereof
Installation, repair, maintenance, overhaul and upgrading of security and safety equipment for use in connection with wind turbines and wind power plants
Installation of wind power systems
Installation of electrical and generating machinery
Maintenance and repair of electricity generators
Information, advice and consultancy in relation to all the above goods and services..
The mark was filed in class 42 with following description of goods:
Technological assistance in relation to the following fields: wind mills, Wind turbines, Wind power stations, Other renewable energy projects
Implementation of windmills, wind turbines, wind power plants and other renewable energy projects
Consultation and assistance related to the location, planning, execution and development of energy projects, including wind turbines, wind power plants
Development and testing for the following goods: wind mills, Wind power stations, Renewable energy systems, including Wind turbines, Wind power stations, wind-operated machines, related fittings
Conducting of research projects
Development of new products and concepts for wind turbines, wind power plants and other renewable energy power plants
Monitoring, operation and control of wind turbines and wind power plants and other renewable energy power plants, including remote monitoring, operation and control of wind turbines and wind power plants and other renewable energy power plants
Research and development in relation to the following fields: Wind turbines, Wind power stations, wind-operated machines
Science and technology services, including providing forecasts in connection with production of wind energy, including forecasts relating to the quantity of generated energy
Analysis of technical data, including analysis of data for use in connection with forecasting in connection with production of wind energy
Providing of technical information and data relating to conditions relating to the production of wind energy
Industry analysis and research services
Meteorological information, including climate, weather and wind analysis, including meteorological forecasts
Preparation of technical reports, including forecasting relating to the quantity of generated energy
Scientific research
Technological assessment and analysis of wind power, hybrid power and other renewable energy power plants, including analysis of loads, electrical infrastructure and performance of the wind turbines and wind power plants
Technical assistance for the implementation of wind power plants and other renewable energy plants and their projects
Technical consultancy relating to product development
Information, advice and consultation in relation to the aforesaid services.