The trademark BE WELL BE ZERO was filed by Built Environment Group Ltd, 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 July 12, 2023, and received one opposition filed on October 12, 2023 by BeZero Carbon Ltd on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by SBGK ÜGYVÉDI IRODA and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 12, 2023
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Change of name and professional address of the trademark registration was recorded on January 17, 2024.
Goods And Services
The mark was filed in class 9 with following description of goods:
Downloadable publications
Electronic publications
Downloadable newsletters, magazines, white papers, books, training manuals, workbooks, assessments and questionnaires
Software
Virtual reality models
Software development programmes
Software development tools
Software applications
Software for online messaging
Scheduling software
Software for instant messaging
File sharing software
Downloadable computer software for processing images, graphics, audio, video and text
Artificial intelligence software
Machine learning software
Intelligent gateways for real-time data analysis
Voice recognition software
Gesture recognition software
Facial recognition software
Computer application software for use in implementing the Internet of things [IoT]
Computer software applications and platforms
Computer software applications and platforms in the field of training, supervision and quality control
Computer software for the analysis of data
Computer software for use in facilitating voice over internet protocol (VOIP) calls, phone calls, video calls, text messages, instant message and online social networking services
Apparatus and instruments for processing, recording and reproducing of data
Databases
Databases containing information about carbon footprints
Software for measuring, controlling, reducing, and reporting about a carbon footprint, defining a carbon strategy, reporting about Environmental, Social and Governance (ESG), defining an Environmental, Social and Governance (ESG) strategy, and for executing sustainability projects
Computer software in the field of sustainability, carbon offsetting and Environmental, Social and Governance
Computer software for the collection, managing, editing, organizing, modifying, transmission, sharing, and storage of data and information
Computer software for personal information management, and data synchronization software
Computer software development tools
Computer software for use as an application programming interface (API).
The mark was filed in class 35 with following description of goods:
Management of business projects for others
Providing business consultation relating to the operation of business
Business consultancy services for digital transformation
Advertising
Business management
Business consultancy services in relation to Environmental, Social and Governance (ESG)
Business administration
Office functions
Accounting
Provision of business information
Opinion polling
Business information
Business inquiries
Business research
Providing commercial information and advice for consumers in the choice of products and services
Dissemination of advertising matter
Layout services for advertising purposes
Marketing
Marketing research
Marketing studies
Compilation of statistical models for the provision of market dynamics information
Business data analysis
Analysis of market research data and statistics
Modelling for advertising or sales promotion
Online advertising on a computer network
Organisation of exhibitions for commercial or advertising purposes
Organisation of trade fairs for commercial or advertising purposes
Advertising services to promote public awareness of environmental issues and initiatives.
The mark was filed in class 37 with following description of goods:
Construction services
Building construction
Repair of buildings
Installation of fixtures and fitting for buildings
Maintenance of buildings
Advisory services relating to the maintenance of buildings
Building of roads
Highway maintenance
Street cleaning
Property maintenance and development
Thermal insulating of buildings
Building insulation
Building restoration
Building construction supervision
On-site construction supervision
Supervision of construction contracts and projects
Building demolition
Construction management services
Provision of information, advice and consultancy related to all the aforesaid services.
The mark was filed in class 41 with following description of goods:
Education and training services
Online education and training services
Providing online electronic publications
Publication of printed matter and printed publications
Provision of educational guidance relating to environmental, social and governance (ESG) standard-setting
Publication of documents in the field of environmental, social and governance (ESG) standards
Arranging, organising and conducting conferences, seminars, webinars, colloquiums, congresses, symposiums and summits
Arranging, organising and conducting meetings and summits in the educational fields of environmental, social and governance (ESG) standard setting
Organisation of campaigns for cultural and educational purposes
Providing online videos, not downloadable
Providing online courses of instruction
Training materials provided online
Publication of training manuals
Publishing, reporting and writing of texts
On-line journals including blogs featuring information
Providing information and advice in the form of electronic publications
Provision of advice, information and consultancy related to all the aforesaid services.
The mark was filed in class 42 with following description of goods:
Design services
Architectural design services
Architectural services
Architectural design for town planning
Architectural planning services
Furnishing design services for the interiors of buildings
Industrial design
Structural engineering services
Building design services
Architectural project management
Interior design
Civil and structural engineering services
Providing of scientific information in the field of clean energy
Design services in relation to Environmental, Social and Governance (ESG)
Design services in relation to sustainability
Design of software including computer-simulated models
Architectural advisory, design and planning services
Advisory services relating to building design and design engineering
Technical consultancy relating to civil and structural engineering
Preparation of project analysis studies
Preparation of technical studies
Flood management services
Design of engineering works for flood prevention
Engineering project management
Environmental consultancy and professional consulting relating to the conservation of energy
Inspection of signalling instruments
Analysis of oil field exploitation
Geological prospecting, research and surveys
Studies and surveys
Urban planning
Website design
On-site building materials inspection and approval
Environmental assessment services
Environmental surveys
Design of road networks
Design of aviation facilities, hangers and terminals
Software design and development services
Technological consultancy services for digital transformation
Design of computer-simulated models
Computer graphics design services
Rendering of computer graphics (digital imaging services)
Software development, programming and implementation
Development of computer platforms
Platform as a Service (PaaS)
Software as a service [SaaS]
Blockchain as a Service [BaaS]
Platforms for artificial intelligence as software as a service [SaaS]
Software as a service (SAAS) featuring a platform in relation to ESG and sustainability
Software as a Service (SaaS) featuring a platform providing information about Environmental, Social and Governance (ESG) and enabling users to determine their Environmental, Social and Governance (ESG) strategy
Research in the field of artificial intelligence technology
Design and development of software in the field of applications
Development and providing access to scheduling software
Providing online, non-downloadable software
Providing non-downloadable artificial intelligence and machine learning software
Providing non-downloadable computer software applications and platforms
Providing non-downloadable digital tools and algorithms
Online data storage
Data mining
Non-downloadable computer software applications and platforms in the field of training, supervision and quality control
Providing temporary use of online non-downloadable software and applications for instant messaging, voice over internet protocol (VOIP), video conferencing, and audio conferencing
Computer services, namely, hosting electronic facilities for others for interactive discussions via communication networks
Providing online non-downloadable software
Providing scientific information, advice and consultancy relating to sustainability and net zero emissions
Technical research in the field of carbon offsetting
Computer services, namely, hosting electronic facilities for others for organizing and conducting discussions via communication networks
Application service provider (ASP)
Providing online facilities that gives users the ability to upload, modify and share audio, video, photographic images, text, graphics and data
Providing non-downloadable e-commerce software to allow users to perform electronic business transactions via global computer network
Computer services, in particular, application service provider featuring application programming interface (API) software to allow users to perform electronic business transactions via a global computer network
Civil and structural engineering services
Electrical engineering services
Provision of information, advice and consultancy related to all the aforesaid services.