The trademark RE-TERRAFORM was filed by Wayout International AB, a corporation established under the laws of the Kingdom of Sweden (the "Applicant"). The application was published for oppositions on March 15, 2023, and received one opposition filed on June 14, 2023 by HashiCorp, Inc. on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by NJORD LAW FIRM ADVOKATPARTNERSELSKAB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 14, 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 7 with following description of goods:
Pumps, compressors and blowers
Pumps [machines] for the beverage industry
Pumps [machines]
Beer pumps
Filters being parts of machines
Brewing machines
Machines for the preparation of foodstuffs [industrial]
Soda-pop making machines
Machines for the mineralization of drinking water
Machines for making aerated beverages [electric]
Machines for preparing beverages [industrial]
Processing machines for use in the food industry.
The mark was filed in class 9 with following description of goods:
Mobile apps
Application software
All of the above related to sustainable drinking water systems, and none of the above being in the nature of or related to providing IT infrastructure services to others.
The mark was filed in class 11 with following description of goods:
Filters for water purifiers
Filters for drinking water
Chilled purified water dispensers
Drinking water supply apparatus
Cooking, heating, cooling and preservation equipment, for food and beverages
Apparatus for dispensing chilled beverages
Electric water heaters for preparing beverages
Beverage cooling apparatus
Water distribution installations
Appliances for water distribution [automatic]
Water supply installations
Appliances for water distribution [automatic]
Apparatus for the supply of water for sanitary purposes
Filters for sanitary water distribution apparatus.
The mark was filed in class 32 with following description of goods:
Non-alcoholic beverages
Preparations for making beverages
Beer and brewery products
Waters
Non-alcoholic drinks enriched with vitamins and mineral salts
Non-alcoholic malt drinks
Essences for making beverages
Hop extracts for use in the preparation of beverages
Extracts of hops for making beer
Syrups for beverages
Syrups for making beverages
Concentrates for making fruit drinks
Concentrates for use in the preparation of soft drinks
Dilutable preparations for making beverages
Beer
Carbohydrate drinks
Soft drinks
Non-carbonated soft drinks.
The mark was filed in class 33 with following description of goods:
Preparations for making alcoholic beverages
Alcoholic preparations for making beverages
Alcoholic beverages (except beer)
Alcoholic essences
Alcoholic extracts
Spirits [beverages]
Cocktails
Low alcoholic drinks.
The mark was filed in class 37 with following description of goods:
Installation services of filters for water purifiers
Installation services of filters for drinking water
Installation services of chilled purified water dispensers
Installation services of drinking water supply apparatus
Installation services of apparatus for dispensing chilled beverages
Installation services of electric water heaters for preparing beverages
Installation services of beverage cooling apparatus
Installation services of pumps, compressors and fans
Installation services of pumps [machines] for the beverage industry
Installation services of pumps [machines]
Installation services of beer pumps
Installation services of filters being parts of machines
Installation services of brewing machines
Installation services of machines for the preparation of foodstuffs [industrial]
Installation services of soda-pop making machines
Installation services of machines for the production of mineral water
Installation services of machines for making aerated beverages [electric]
Installation services of machines for preparing beverages [industrial]
Installation services of processing machines for use in the food industry
Repair and maintenance of filters for water purifiers
Repair and maintenance of filters for drinking water
Repair and maintenance of chilled purified water dispensers
Repair and maintenance of drinking water supply apparatus
Repair and maintenance of cooking, heating, cooling and preservation equipment, for food and beverages
Repair and maintenance of apparatus for dispensing chilled beverages
Repair and maintenance of electric water heaters for preparing beverages
Repair and maintenance of beverage cooling apparatus
Repair and maintenance of pumps, compressors and fans
Repair and maintenance of pumps [machines] for the beverage industry
Repair and maintenance of brewing machines
Repair and maintenance of pumps [machines]
Repair and maintenance of beer pumps
Repair and maintenance of filters being parts of machines
Repair and maintenance of machines for the production of mineral water
Repair and maintenance of machines for making aerated beverages [electric]
Repair and maintenance of machines for preparing beverages [industrial].
The mark was filed in class 38 with following description of goods:
Telecommunication services
Provision and rental of telecommunications facilities and equipment
Communication services between computers for the brewing industry.
The mark was filed in class 39 with following description of goods:
Water distribution
Water distribution and supply
Water distribution and supply.
The mark was filed in class 40 with following description of goods:
Food and beverage treatment
Brewing services
Beer brewing for others.
The mark was filed in class 43 with following description of goods: