The trademark HyEX was filed by European Energy Exchange AG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on May 21, 2023, and received one opposition filed on August 20, 2023 by Beyer, Falk on Likelihood of confusion. the opponent was represented by SPIRIT LEGAL Rechtsanwaltsgesellschaft mbH and proceedings were handled in German, 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 (German was selected as the second language).
Goods And Services
The mark was filed in class 9 with Recorded or downloadable data processing programs, in particular for the field of stock and commodity markets, financial services, as well as provision of pricing information about charter rates, transportation rates, freight rates, commodities and other economic goods.
The mark was filed in class 16 with Printed matter and printed publications..
The mark was filed in class 35 with following description of goods:
Business and administrative management services
Collecting and systematic ordering of information and data in a computer database
Compiling data in computer databases for others in connection with trading exchanges and trading markets, commodities and financial services
Auctioneering services
Contract procurement
Provision of news, namely business news
Compiling databases for others in connection with trading exchanges and trading markets, financial services, as well as provision of pricing information about charter rates, transportation rates and freight rates, commodities and other economic goods
Business analysis, business research and business information services, in particular price analysis services regarding charter rates, transportation rates and freight rates
Providing information about commercial trading
Price analysis services regarding charter rates, transportation rates and freight rates.
The mark was filed in class 36 with following description of goods:
Financial affairs, in particular financial services of a trading exchange and a electronic trading exchange
Commodities exchange services
Organization of trading markets for commodities, in particular energy sources
Financial bank and financial clearing house services
Trading exchange and financial brokers
Trading exchange and trading markets price quotations
Determination, calculation and provision of indices in connection with trading exchange and trading markets listed products, spot contracts and futures contracts
Provision of pricing information about charter rates, transportation rates, freight rates, commodities and other economic goods
Commodity price quotations
Providing financial assessments for commodities and commodities transactions
Financial consulting and financial information
Preparation and quotation of trading exchange and trading markets prices and indices, and information relating to exchange transactions in the trading systems of a trading exchange and a trading market
Spot contract and futures contract transactions
Trading of securities and commodities index futures for others
Provision of news, namely financial news.
The mark was filed in class 38 with following description of goods:
Telecommunications, namely the receiving and transmission of information and data by means of electronic transmission
Providing of telecommunications connections to global computer and wireless networks
Providing of access to platforms and portals on electronic networks
Transmission of electronic mail
Leasing of access time to computer networks
Leasing access time to databases.
The mark was filed in class 41 with Publication of indices in connection with trading exchange listed and trading market listed products, spot contracts and futures contracts, in particular in electronic form and publication of price information on charter rates, transportation rates, freight rates, commodities and other economic goods..
The mark was filed in class 42 with following description of goods:
Technological consultancy
Creating and updating of computer programs and database software
Programming services for creating databases in connection with trading exchanges and trading markets, financial services, and provision of pricing information about charter rates, transportation rates, freight rates, commodities and other economic goods