The trademark AWEX was filed by Beata Stanuch, a national of the Republic of Poland (the "Applicant"). The application was published for oppositions on October 9, 2022, and received one opposition filed on December 8, 2022 by ABEX Stahlbau - Rohrbiegen - Stadtmöbel GmbH on Likelihood of confusion. the opponent was represented by MARQUARDT RECHTSANWÄLTE and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 8, 2022
The application was filed in Polish, and Polish was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003184368 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on January 16, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Cathodes
Cold cathode tubes
Anodes
Electric cords
Portable power supplies (rechargeable batteries)
Anode batteries
Power units [batteries]
Batteries
Uninterruptible power supply apparatus [battery]
Lithium ion batteries
Rechargeable electric batteries
Power packs [batteries]
Electrical fuses
Fuses
Electric breakers [switches]
Telerupters
Fault current breakers
Electrical circuit breakers
Sensors
Optical readers
Electronic card readers
Smart card readers
Card reading equipment
Radio-frequency identification (RFID) readers
Magnetic coded card readers
Light diodes
Diodes
Electric diodes
Light-emitting diodes [LED]
Organic light-emitting diodes [OLED]
Quantum dot light-emitting diodes [QLED]
Polymer light-emitting diodes
Safety signals [luminous]
Wires (Electric -) of metal alloys
Regulating apparatus, electric
Electric control apparatus
Electrical controls
Measuring devices, electric
Photometers
Inductors [electricity]
Choking coils [impedance]
Ducts [electricity]
Optical cables
Fibre optic cables
Cables, electric
Electric cables and wires
Collectors, electric
Computer peripheral devices
Condensers [capacitors]
Electron tubes
Optical lanterns
Lasers, not for medical purposes
Circuit closers
Materials for electricity mains [wires, cables]
Gauges
Horns for signalling
Transmitters of electronic signals
Emergency signal transmitters
Computer software, recorded
Galvanic batteries
Solar cells for electricity generation
Electrical cells and batteries
Solar cells
Limiters [electricity]
Resistances, electric
Sheaths for electric cables
Flexible sheaths for electric cables
Identification sheaths for electric wires
Cable covers [conduits]
Semi-conductors
Relays, electric
Transmitters
Switches, electric
Electrical transducers
Transducers
Electricity conduits
Measuring apparatus
Distribution consoles [electricity]
Measuring instruments
Switchboxes [electricity]
Junction boxes [electricity]
Cell switches [electricity]
Distribution boxes [electricity]
Power distributing boxes
Optical glass
Ophthalmic lenses
Flashing safety lights
Flashing lights [luminous signals]
Intercommunication apparatus
Optical fibres [light conducting filaments]
Instrument dials
Control panels [electricity]
Triodes
Battery chargers
Chargers for electric batteries
Remote control apparatus
Remote control apparatus for controlling lighting
Optical apparatus and instruments
Light-emitting electronic pointers
Detectors
Smoke detectors
Electric smoke sensors
Smoke alarms
Electric alarms for smoke
Smoke alarm testers
Electrical remote control apparatus
Remote control receivers
Electric connectors
Junctions [electrical]
Signs, luminous
Luminous electric signs
Modular sign panels [luminous]
Computer software for the monitoring of computer systems
Alarm systems
Fire detectors.
The mark was filed in class 11 with following description of goods:
Discharge lamps
Emergency lighting
Emergency lighting installations
Lighting installations for air vehicles
Safety lamps
Electric lamps
Fluorescent lamps
Fluorescent lamp tubes
Ultraviolet sun ray lamps, other than for medical use
Lamps
Luminous discharge lamps
Electric discharge lamps
Lamp mantles
Hangings for lamps
Lamp bases
Lamps for electrical installations
Lamp holders
Ceiling lights
Burners for lamps
Lamp reflectors
Light diffusers
Luminous tubes for lighting
Fluorescent lighting tubes
Lamp glasses
Lighting being for use with security systems
Light-emitting diodes [LED] lighting apparatus
Lighting apparatus and installations
Incandescent light bulbs
Light bulbs for gas-discharge lamps
Incandescent lamps and their fittings
LED lamps
Security lighting.
The mark was filed in class 17 with following description of goods:
Insulation articles for use on splices of electric cables
Insulation articles for use on terminations of electric cables
Plastic films for electronic insulation
Insulation for electric conductors
Insulators for electrical cables
Insulators for electric mains
Insulators for electronic use
Insulators for use in conveying electricity
Electrical insulators
Mica electrical insulators
High tension overhead line insulators
Electrical insulating materials
Insulating materials for electrical purposes
Insulating wrap for the electrical shielding of cables
Insulating wrap for the electrical shielding of wires
Electrical tape
Glass fiber electrical insulating tape
Electrical insulating tape
Tapes (Adhesive -) for electrical insulating purposes
Vulcanized fiber for use in the manufacture of electrical insulation
Asbestos safety curtains
Asbestos fire curtains
Safety curtains of rubber
Smoke curtains
Glass fiber fireproof textiles
Flame retardant paper used to insulate buildings
Expanding pillows for the prevention of fire penetration
Thermal insulating articles
Barriers for protection against heat
Thermal insulating material of plastics
Insulating materials for insulation against heat
Thermal insulating materials
Thermal insulating materials, not for buildings
Non-conducting materials for retaining heat
Compositions to prevent the radiation of heat
Non-metallic insulated pipe jackets
Pipe muffs, not of metal
Insulating refractory materials, not for buildings
Thermal insulation jackets for valves
Jackets [insulating] for pipes
Thermal insulation jackets for industrial plant
Polymer film used for manufacturing electronic circuits
Waterproofing film (plastic -) [other than for packaging]
Waterproof packings
Substances for insulating buildings against moisture
Polyurethane film for use as a moisture barrier
Plastic seals
Insulating materials produced from plastics
Plastic substances, semi-processed
Stuffing materials of plastics
Plastic sheet materials for use in manufacture
Plastics in extruded form for use in manufacture
Laminated plastic materials for use in manufacture
Recycled compound plastics for use in manufacture
Plastic material in extruded form for use in production
Extruded plastics [semi-finished products].
The mark was filed in class 40 with following description of goods:
Metallurgical processing
Laser scribing
Laser engraving
Soldering.
The mark was filed in class 42 with following description of goods:
Installation, maintenance and updating of computer software
Computer software design
Software design and development
Design, development and programming of computer software
Computer software design and updating
Technical research
Research in the field of physics
Mechanical research
Research in the field of electrical engineering
Computer software consultancy
Consultancy in the field of software design
Consultancy relating to software design and development
Consultancy in the design and development of computer hardware
Advice relating to the design of computer hardware
Technical engineering
Computer programming
Computer programming and software design
Computer system design
Design of information systems
Computer system design and development
Development of computer systems
Designing of electrical systems
Design of lighting systems
Designing of electronic systems
Monitoring of computer systems by remote access
Conducting technical project studies
Product research and development
Material testing.
The mark was filed in class 45 with following description of goods:
Rental of fire alarms
Consulting in the field of workplace safety
Consultancy on regulations on safety at work
Fire prevention consultation
Monitoring of burglar and security alarms
Monitoring of security systems
Monitoring fire alarms
Safety evaluation
Electronic monitoring services for security purposes
Alarm monitoring services
Rental of alarms
Rental of security apparatus
Providing information relating to the rental of fire alarms.