The trademark UPEX was filed by Vitalii Oleksandrovych Sychynskyi, a national of Ukraine (the "Applicant"). The application was published for oppositions on October 12, 2022, and received one opposition filed on November 23, 2022 by Ebinger Prüf- und Ortungstechnik GmbH on Likelihood of confusion. the opponent was represented by WUNDERLICH & HEIM PATENTANWÄLTE and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 23, 2022
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
The Opposition with reference B 003183683 was rejected according to Article 8(1)(b) EUTMR with decision issued on December 20, 2023 by the EUIPO. The Appeal with reference B R0064/2024-1 was Trade mark application partially refused according to Article 8(1)(b) EUTMR with decision issued on November 17, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity
Computer peripheral devices
Chargers for electric accumulators
Battery chargers
Charging stations for electric vehicles
Mobile phone chargers
Portable power chargers
Chargers for electronic cigarettes
Electricity conduits
Cables, electric
Coaxial cables
Fibre optic cables
Wires, electric
Telephone wires
Sleeves for laptops
Covers for smartphones
Covers for personal digital assistants (PDAs)
Covers for tablet computers
Cell phone straps
Encoded identification bracelets, magnetic
Connected bracelets (measuring instruments)
Accumulators, electric
Mobile phone ring holders
Holders adapted for mobile telephones and smartphones