The trademark epCloud was filed by Ebm-papst NEO GmbH & Co. KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on November 13, 2022, and received one opposition filed on January 10, 2023 by EQUINSA PARKING, S.L.U. on Likelihood of confusion. the opponent was represented by CONSIANGAR, S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 10, 2023
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003187886 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on May 27, 2024 by the EUIPO. The Appeal with reference B R1503/2024-5 was Trade mark application allowed according to Article 8(1)(b) EUTMR with decision issued on October 27, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 7 with Electric motor operated pumps and Dust separators..
The mark was filed in class 9 with Regulating and control apparatus, the aforesaid goods only in relation to ventilation technology, fans, blowers, motors, drive systems, valves and pumps, and not in relation to electronic and mechanical systems for parking assistance, parking meters, control devices for car audio video navigation, automated car parking control devices, electronic parking lot ticket dispensers, vehicle tracking systems, computer applications for automated car parking control, computer applications for automated vehicle parking control, computer software for mobile applications that enable interaction and interface between vehicles and mobile devices, computer software for car park machines.
The mark was filed in class 36 with Arranging the provision of finance.
The mark was filed in class 42 with following description of goods:
Research and development services
Research and development in the field of digitalisation
Software as a service (saas)
Providing and operation of an online platform for the providing of data, in particular in the field of ventilating fan technology and/or building systems
Providing virtual computer environments through cloud computing
Cloud computing
Edge computing
Fog computing
Providing virtual computer systems through cloud computing
Creation of computing platforms for third parties
Platforms ventilating fan technology and/or building systems in the form of software as a service [saas]
The aforesaid services only in relation to ventilation technology, fans, blowers, motors, drive systems, valves and pumps, and not in relation to electronic and mechanical systems for parking assistance, design and development of computer hardware and software for the management and control of car parks and parking machines, providing virtual computer environments through cloud computing for the management and control of car parks and parking machines, cloud computing for the management and control of car parks and parking machines.