The trademark POWIT was filed by Borga Holding AB, a corporation established under the laws of the Kingdom of Sweden (the "Applicant"). The application was published for oppositions on March 8, 2023, and received one opposition filed on June 8, 2023 by Epowit Bautechnik GmbH on Likelihood of confusion. the opponent was represented by Rauch, Udo and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 8, 2023
The application was filed in Swedish, and Swedish was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 4 with following description of goods:
Fuels (including motor spirit) and illuminants, in particular natural gas
Electrical energy
Electrical energy from solar power
Electrical energy from renewable sources
Electrical energy.
The mark was filed in class 6 with Roofing of metal, incorporating photovoltaic cells and Roofing of metal, incorporating photovoltaic cells..
The mark was filed in class 7 with following description of goods:
Electrical generators using solar cells
Electricity generators
Electrical generator stations
Engines for the generation of electricity.
The mark was filed in class 9 with following description of goods:
Electric power distribution apparatus
Solar cells
Solar panels
Solar cells for electricity generation
Photovoltaic installations for generating electricity [photovoltaic power plants]
Apparatus and instruments for accumulating electricity
Apparatus and instruments for accumulating and storing electricity
Heat regulating apparatus
Computer software and mobile apps for analyzing and managing energy distribution, consumption and storage
Computer programs for information, analysing and reporting of energy use, energy efficiency, energy saving, cost analysis, administration, energy analysis, invoice management, ecological reports, analysis of environmental influence, trend reporting and alarm systems
Systems and software for remote maintenance of power supply devices
Computer software and mobile apps for trading
Systems and software for remote monitoring of power supply devices
Systems and software for remote control of power supply devices
Computer software and mobile apps for measuring, monitoring and analyzing electricity consumption
Smart home automation electronic devices
Electronic devices and computer software that allow users to remotely interact with environmental monitoring, control, and automation systems
Systems and software for switching and regulating energy storage devices
Systems and software for switching and regulating energy consumers
Systems and software for switching and regulating power generators
Systems and software for switching and regulating energy generators
Systems and software for remote controlling and monitoring power supply devices
Measuring, signalling, checking (supervision) apparatus and instruments
Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity
Solar energy collectors for electricity generation
Photovoltaic apparatus for converting solar radiation to electrical energy
Electronic device software drivers that allow computer hardware and electronic devices to communicate with each other
Counters for electric and photovoltaic energy
Apparatus and instruments for measuring, signalling, checking (supervision) and checking of electricity, especially for photovoltaic installations
Checking (supervision) apparatus for electricity consumption
Equipment for central control and switching of consumer units for electrical and photovoltaic energy
Apparatus for recording, processing, storage and transmission of measurements, devices for central data transmission
Wireless-operated apparatus for reading data from meters
Battery chargers
Cables, electric
Transformers [electricity]
Indicators [electricity]
Connectors (electricity), electrical fittings
Junction boxes [electricity]
Limiters [electricity]
Electricity ant-interference devices
Measuring-, monitoring and control apparatus and instruments for the creation, transportation, distribution and supply of electrical and solar energy, especially for solar power installations and photovoltaic installations (as far as included in class 9)
Data processing apparatus, especially for photovoltaic and solar thermal installations
Electronic and electrical apparatus and installations for energy distribution, consumption and storage
Energy management software
Batteries
Electrical cells and batteries.
The mark was filed in class 11 with following description of goods:
Heating installations
Heating boilers
Heating elements
Heating apparatus
Heating cartridges
Heat pumps
Fan heaters
Heat regenerators
Heat accumulators
Thermal incineration installations
Evacuated heat pipe solar collectors [heat exchangers]
Controllers Thermostatic valves, for use in the following fields: Heating installations and Heating installations
Heating installations incorporated in windows
Heat generating apparatus
Solar-heating installations
Thermal solar collectors (heating)
Thermal storage instruments [solar energy] for heating
Thermal incineration facilities
Radiating elements, Heating
Heating apparatus (electric)
Space heaters
Gas heat generators
Gas fired space heating installations.
The mark was filed in class 19 with Roofing, not of metal, incorporating photovoltaic cells.
The mark was filed in class 37 with following description of goods:
Installation of electrical and generating machinery
Installation of electrical and generating machinery
Charging of batteries and power storage devices, and rental of equipment therefore
Repair, namely servicing of energy production plants and machines
Building construction, in particular the construction of technical installations
Repair, namely servicing of power plants, electricity and gas supply installations, water supply and sewage installations, including conduits and accessories
Installation services
Civil construction services
Construction of installations in the field of energy, gas, environmental, climate and process technology
Construction, installation and assembly of power plants, gas plants, pipelines and installations for the generation of electrical and thermal energy from renewable energy sources, in particular from wind energy, water energy, solar energy, geothermal energy and biomass, and installations for the generation of biogas and biomass and recycling materials, in particular from renewable raw materials
Electricity, gas and water installation
Installation of power generating apparatus
Installation of residential solar panel power systems
Repair, namely servicing of energy production plants and machines
Maintenance and repair, namely servicing of energy generating installations
Repair, namely servicing of energy supply installations
Installation of energy-saving apparatus
Installation of non-residential solar-panel power systems
Operating, in relation to the following goods: Power generating apparatus and installations
Repair, namely servicing of power-generating apparatus and installations
Maintainance, in relation to the following goods: Power generating apparatus and installations
Installation of sun roofs
Installation of solar heating systems
Installation of solar systems
Construction of solar energy facilities
Maintenance and repair, namely servicing of solar thermal installations
Maintenance and repair, namely servicing of solar energy installations
Installation and maintenance of solar thermal installations
Construction of wind power plants
Installation, in relation to the following goods: Wind power systems
Maintenance and repair, namely servicing of wind power plants
Maintenance, in relation to the following goods: Electricity generators and wind turbines
In particular exchanging of batteries
Battery charging
Installation of electrical and generating machines
Heating contractor services
Vehicle battery charging
Vehicle service stations (refuelling and maintenance)
Charging of electric vehicles
Recharging of batteries and accumulators
All the aforesaid services other than coating work on façades and floors, concrete repair work, sealing work, corrosion protection work, drainage of buildings, application of plastic coatings on metal parts, conducting of painting work.
The mark was filed in class 39 with following description of goods:
Electricity distribution
Electricity distribution
Supply of electricity
Electricity distribution
Storage of electricity
Electricity supply and distribution
Distribution and transmission of electricity
Consultancy services relating to the distribution of electricity
Providing information relating to the distribution of electricity
Leasing the use of power lines to third parties for the transmission of electricity
Transport
Delivery and Distributorships, in relation to the following fields: Energy and Heat
Gas storage
Supply of electricity, gas, heat and water
Transport and storage services of waste
Distribution of energy
Distribution of renewable energy
Distribution of energy for heating and cooling buildings
Transport, distribution and supply of electricity
Storage of energy and fuels
Transport, Delivery, Distributorships, Forwarding, in relation to the following fields: Electrical energy, Gas and water, Especially, natural gas, Biogas, Synthesis gas
Storage of electricity and gas
Transport and Storage, in relation to the following goods: Biomass and Recycling materials, In particular from renewable raw materials.
The mark was filed in class 40 with following description of goods:
Rental of power-generating equipment
Production of electrical power from renewable sources
Electricity generating
Generation of electricity from solar energy
Generation of electricity from wave energy
Generation of electricity from wind energy
Rental of equipment for the treatment and transformation of materials, for energy production and for custom manufacturing
Leasing of energy generating equipment
Generating of energy, in particular electricity
Treatment of gas, in particular natural gas
Water treating
Generating energy, in particular electrical energy, thermal energy and steam
Generation of electric and thermal energy and steam from renewable energy sources, in particular from wind energy, hydropower, solar energy, geothermal heat and biomass
Generating gas from biomass and valuable materials, in particular renewable raw materials
Generating of bio natural gas
Recycling services
Incineration of waste and valuable materials
Disposal of refuse and waste through chemical conversion, processing, destruction and incineration