The trademark pure DC was filed by Pure Data Centres Group Limited, a corporation established under the laws of the United Kingdom of Great Britain and Northern Ireland (the "Applicant"). The application was published for oppositions on May 18, 2023, and received one opposition filed on August 20, 2023 by PUREN Pharma GmbH & Co. KG on (a) Art. 8(4), (b) Likelihood of confusion. the opponent was represented by AMPERSAND PARTNERSCHAFT VON RECHTSANWÄLTEN MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 20, 2023
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Goods And Services
The mark was filed in class 1 with following description of goods:
Chemicals
Chemical agents for carbon dioxide sequestration
Compost
Fertiliser
Chemicals for use in industry, agriculture, horticulture or in forestry.
The mark was filed in class 4 with following description of goods:
Fuels
Electricity
Electrical energy
Industrial oils and greases
Lubricants
Gas, gaseous fuels, oils.
The mark was filed in class 7 with following description of goods:
Generators
Interruptible power supplies (installations) for the generation of electrical energy
Parts and fittings for the aforesaid goods.
The mark was filed in class 9 with following description of goods:
Solar panels
Scientific apparatus
Electric apparatus, namely, apparatus for conducting, switching, transforming, accumulating, regulating or controlling electricity
Software
Uninterruptible electrical power supplies
Batteries
Storage batteries
Electric batteries
Electric accumulators
Solar batteries
Carbon monoxide detectors
Scientific and optical apparatus and instruments
Apparatus and instruments for conducting, switching, transforming, accumulating, regulating, monitoring or controlling electricity
Solar panels for electricity generation
Fuel meters
Fuel measuring and dispensing equipment
Electronic devices for heating, cooling and ventilating systems
External power supplies
Devices for monitoring and conserving energy use
Devices for tracking energy use
Solar photovoltaics
Publications in electronic form supplied on-line from databases or from facilities provided on the internet (including web sites)
Electronic publications, electronic magazines
Multi-media recordings and publications
Electronic, computer, video and on-line games
Computer hardware, computer peripherals and accessories
Computer software
Software applications
Uninterrupted power supply units
Parts and fittings for the aforesaid goods.
The mark was filed in class 11 with following description of goods:
Solar heating panels
Lighting and heating apparatus and instruments
Torches
Electric torches
Lighting, heating, steam generation, cooking, cooling, drying, and air conditioning apparatus
Gas and electric apparatus and instruments for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes
Air conditioning apparatus and installations
Central heating radiators
Regulating safety accessories for gas apparatus
Gas boilers, burners, condensers (other than parts of machines)
Gas generators (and installations)
Gas lighters
Regulating and safety accessories for gas pipes
Gas scrubbers (parts of gas installations) and apparatus therefore
Solar panels for use in the generation of heat
Electric hot water bottles
Kettles
Bed warmers
Apparatus and installations for regulating and securing gas conduits and electric, gas, water or telecommunications apparatus
Parts and fittings for the aforesaid goods.
The mark was filed in class 17 with following description of goods:
Insulating materials
Electrical and thermal insulators
Clips of rubber for cables
Draft excluder strips
Unprocessed and semi-processed rubber, gutta-percha, gum, asbestos, mica and substitutes for all these materials
Plastics and resins in extruded form for use in manufacture
Packing, stopping and insulating materials
Flexible pipes, tubes and hoses, not of metal
Parts and fittings for the aforesaid goods.
The mark was filed in class 29 with following description of goods:
Meat, fish, poultry and game
Meat extracts
Jellies, jams, compotes
Eggs
Milk, cheese, butter, yoghurt and other milk products
Oils and fats for food
Prepared meals containing [principally] meat
Prepared meals containing principally fish
Prepared meals containing principally seafood
Prepared meals containing principally vegetables
Prepared meals containing principally eggs.
The mark was filed in class 31 with following description of goods:
Raw and unprocessed agricultural, aquacultural, horticultural and forestry products
Raw and unprocessed grains and seeds
Fresh fruits and vegetables, fresh herbs
Natural plants and flowers
Bulbs, seedlings and seeds for planting
Live animals
Foodstuffs and beverages for animals
Malt.
The mark was filed in class 35 with following description of goods:
Business management, namely providing management and business operation of data centres
Business project management relating to the construction of data centres
Business services, namely, facilities management and operation of data centres
Business services, namely facilities management, namely providing business management and business operation of data centres
Consulting services relating to the operation, administration and management of data centres
Business management of electronic data centres
Operation and management of electronic data centres
Management and operation of data centres
Marketing services and consultancy, not in relation to trade shows for the fashion industry
Information, advice and consultancy in relation to the aforesaid.
The mark was filed in class 36 with following description of goods:
Leasing of real estate
Real estate brokerage
Leasing and rental of commercial premises
Real estate management
Leasing of space to third parties to operate data centres
Leasing of data centre space to third parties to store and use data communications and telecommunications equipment
Leasing of building space and operating facilities for telecommunications, multimedia and computing equipment and services
Leasing of office space for use in relation to data processing apparatus
Management of buildings
Information, advice and consultancy in relation to the aforesaid.
The mark was filed in class 37 with following description of goods:
Building construction advisory services
Real estate development (construction) and redevelopment (construction) services
Consultancy, information and advisory services relating to the construction and operation (maintenance) of data centres
Consultancy and advisory services concerning the construction of data centres
Information, advice and consultancy in relation to the aforesaid.
The mark was filed in class 40 with following description of goods:
Generation of electrical power using carbon sequestration
Production of electrical energy, thermal energy, climatic energy, geothermal energy, wind energy, solar energy, hydraulic energy, renewable energies
Energy production services
The production of energy for domestic and industrial use from renewable sources such as solar, wind and water
Chemical treatment
Waste disposal
Treatment of waste, recycling of waste
Treatment of materials and information relating thereto
Air deodorising, air refreshing and water purification and recycling services
Thermal insulation of products
Operating of power generating plants
Information, advice and consultancy regarding the aforesaid services.
The mark was filed in class 41 with following description of goods:
Education relating to environmental issues
Training
Education
Entertainment
Publication of electronic books and journals on-line
Provision of power station visitor centres for educational purposes
Education services relating to conservation of nature and the environment
Provision of wildlife centre services for educational purposes
Consultancy and advisory services concerning multimedia equipment
Rental of multimedia equipment
Information, advice and consultancy regarding the aforesaid services.
The mark was filed in class 42 with following description of goods:
Environmental consultancy services
Auditing of quality control and consultancy services relating to environmental planning as well as quality audits
Carbon sequestration reporting through soil health analysis
Computer software advisory services
Computer software design and development
Computer software programming services
Advisory services relating to the use of energy
Recording data relating to energy consumption in buildings
Environmental sustainability consultancy services
Advisory services relating to environmental pollution
Advisory services relating to environmental protection
Compilation of environmental information
Consultancy services relating to environmental planning
Environmental conservation
Environmental hazard assessment
Environmental surveys
Environmental testing
Research relating to environmental protection
Technical consultancy in the field of environmental science
Technical consulting in the field of environmental engineering
Engineering in the fields of the production of electrical energy, wind energy, solar energy, hydraulic energy, geothermal energy, heat energy, climatic energy, renewable energies
Inspection of electrical installations
Providing research centre services in the fields of electrical engineering, the production of electrical energy, wind energy, solar energy, hydraulic energy, geothermal energy, heat energy, climatic energy, renewable energies
Consultancy and appraisals in the fields of the production of electrical energy, wind energy, solar energy, hydraulic energy, geothermal energy, heat energy, climatic energy, renewable energies
Advisory, information and consultancy services relating to energy management and efficiency
Organisation of energy efficiency projects
Energy efficiency management and consultancy
Auditing energy consumption of buildings
Energy conservation management
Preparation of reports on energy consumption of buildings
Auditing of energy consumption and of efficiency of operation of appliances and safety checking of appliances and pipework
Testing of gas and electricity generating plants, gas and electric appliances, pipework, transmission lines and apparatus and instruments utilising gas and electricity
Prospecting and exploiting natural, fossil and nuclear fuel resources
Testing of gas and electric appliances
Provision of information, advice and consultancy in relation to carbon (or other greenhouse gas) offsetting
Development and implementation of industrial, horticultural and agricultural and agricultural processes which are intended to reduce levels of carbon dioxide in the atmosphere
Provision of information relating to carbon credits
Providing information, advice and consultancy services in the field of data centre construction and operation
Consultancy and advisory services concerning the design and operation of data centres
Design of controlled environmental buildings
Electronic data storage
Management of electronic data centres
Operation of electronic data centres
Concept design and consulting services relating to data centre design and construction
Consultancy and advisory services concerning information technology networks, computer hardware and computer software
Computer programming services
Rental of computer hardware and software
Housing and hosting of data systems
Monitoring of computer systems by remote access
Technical operation services for the technical management and operation of data centres
Technical operation services for the technical management and technical operation of data centres
Information, advice and consultancy in relation to the aforesaid.
The mark was filed in class 44 with following description of goods:
Agriculture, horticulture and forestry, agriculture, vertical farming and urban agriculture
Propagation, improvement, cultivation and selection of grains, agricultural, horticultural and forestry products, natural plants and flowers, fresh fruits and vegetables
Farming services being atmospheric carbon sequestration in soil using food waste
Advisory and consultancy services relating to sustainable agriculture and horticulture
Agricultural services relating to environmental conservation
Information, advice and consultancy regarding the aforesaid services.