The trademark FUSE was filed by Tesseract Laboratories Limited, a corporation established under the laws of "JE" (the "Applicant"). The application was published for oppositions on March 10, 2024, and received one opposition filed on June 10, 2024 by Amazon Technologies, Inc. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Morgan, Lewis & Bockius LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 10, 2024
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Change of name and address of the trademark registration was recorded on July 12, 2023. Change of name and professional address of the trademark registration was recorded on November 21, 2023.
The Refusal with reference B 018898980 was partially rejected according to Article 7(1)(b) EUTMR with decision issued on November 13, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 4 with following description of goods:
Electricity
Electrical energy
Electrical energy from wind power
Electrical energy from solar panel
Electrical energy from renewable sources
Electrical energy from non-renewable sources
Oils, greases and lubricants for use in the energy industries
Electrical energy, authenticated by non-fungible tokens [NFTs].
The mark was filed in class 9 with following description of goods:
Scientific research and laboratory apparatus
Downloadable computer software
Downloadable computer software applications
Downloadable computer software and downloadable computer software applications for use in connection with managing electrical utilities, ordering from energy suppliers, managing energy services, renewing energy services, facilitating financial transactions relating to energy services, monitoring energy consumption, and ordering technical assistance connected with energy services and apparatus
Downloadable computer software for blockchain technology
Downloadable computer application software for use in implementing the Internet of Things
Computer hardware modules for use in electronic devices using the Internet of Things [IoT]
Downloadable computer software in the nature of crypto currency
Downloadable cryptographic keys for receiving and spending cryptocurrency
Downloadable computer software for managing crypto asset transactions using blockchain technology
Digital art authenticated by non-fungible tokens [NFTs]
Downloadable graphics authenticated by non-fungible tokens [NFTs]
Digital audio files authenticated by non-fungible tokens [NFTs]
Downloadable digital files authenticated by non-fungible tokens [NFTs]
Downloadable digital files authenticated by non-fungible tokens [NFTs] for use in buying or selling energy services
Apparatus and instruments for conducting, distributing, transforming, accumulating, regulating or controlling electricity
Electrical and electronic components
Measuring, detecting, monitoring and controlling devices
Apparatus for monitoring electrical energy consumption
Energy regulators
Energy control devices
Electricity meters
Batteries
Supercapacitors for energy storage
Ultracapacitors for energy storage
Electrical relays
Apparatus and instruments for remote control and remote control of equipment relating to energy consumption
Electrical wires and cables
Solar panels
Solar panels for electricity generation
Solar modules
Solar cells
Solar panel arrays
Digital sensors
Electrical sensors
Fire sensors
Downloadable electronic publications
Downloadable electronic publications in the field of energy, energy saving, green energy, climate change, software, cryptocurrency, blockchain, and digital files authenticated by NFTs
Charging stations for electric vehicles
Batteries for charging electric vehicles
Parts and fittings for the aforesaid goods
None of the foregoing goods related to the provision of e-commerce services, online retail store services, advertising services, multimedia content streaming services, subscription services or customer relationship programs (other than advertising services, subscription services, and customer relationship programs relating to the provision of energy services).
The mark was filed in class 36 with following description of goods:
Financial and monetary services
Financial advisory services
Providing financial advice in connection with the financing of energy
Financial advice relating to the optimization of energy consumption
Financial management services
Providing financial information and data in connection with the energy industry
Stock market brokerage in the field of energy
Financial loans in the field of development and improvement of energy installations
Providing financing for energy projects and infrastructure
Agencies for collecting electric power utility payments
Providing financial advice in connection with the reduction of energy bills
Insurance services
Insurance services relating to power generation and energy monitoring apparatus
Insurance contracts for individuals against the risk of non-payment of energy bills for electricity and gas
Cryptocurrency exchange services
Virtual currency services
Issuing of cryptocurrency
Electronic transfer of crypto assets
Financial exchange of crypto assets
Issuance of tokens of value
Financial transactions via blockchain
Electronic funds transfer via blockchain technology
Providing financial grants in connection with energy financing
Providing finance for people in financial difficulty
Charitable fundraising services
Advice, information and consultancy in relation to the aforesaid services.
The mark was filed in class 37 with following description of goods:
Installation, repair and maintenance in connection with electric appliances, electrical wiring, electric generators, solar panels, wind turbines, and charging stations
Repair and maintenance of power plants, wind power plants, solar power plants, and nuclear power plants
Repair, installation and maintenance services in connection with computer hardware
Construction of power infrastructure, wind power systems, solar power systems, and wave energy power plants
Charging of batteries and power storage devices
Rental of equipment for power storage
Insulation services
Advice, information and consultancy in relation to the aforesaid services.
The mark was filed in class 39 with following description of goods:
Energy distribution services
Energy transmission services
Information and advisory services in relation to the transport, distribution and supply of energy
Electricity supply and distribution
Distribution services relating to energy generation and distribution equipment
Storage of energy and fuels
Advice, information and consultancy in relation to the aforesaid services.
The mark was filed in class 40 with following description of goods:
Energy production and generation services
Clean energy production
Leasing of energy generating equipment
Rental of equipment for energy production
Recycling services
Waste treatment services
Nuclear waste treatment services
Advice, information and consultancy in relation to the aforesaid services.
The mark was filed in class 42 with following description of goods:
Scientific and technological services
Engineering services
Testing, authentication and quality control services
Energy auditing services
Advisory services relating to energy efficiency
Research in the field of energy
Design and development of energy distribution networks
Design and development of energy and power management systems
Engineering services relating to energy supply systems and energy technology
Technical advice and consultancy on environmental protection and the development of renewable energies
Technical information and advice on electrical safety
Rental of meters for the recording of energy consumption
Technological analysis relating to energy and power needs of others
IT services
Software development, programming and implementation
Software as a Service
Software as a Service featuring computer software for managing electrical utilities, ordering from energy suppliers, managing energy services, renewing energy services, facilitating financial transactions relating to energy services, monitoring energy consumption, and ordering technical assistance connected with energy services and apparatus
Platform as a Service
Platform as a Service, namely, a software platform for managing electrical utilities, ordering from energy suppliers, managing energy services, renewing energy services, facilitating financial transactions relating to energy services, monitoring energy consumption, and ordering technical assistance connected with energy services and apparatus
Blockchain as a Service
Data authentication via blockchain
Certification of data via blockchain
User authentication services using blockchain technology
Provision of non-downloadable software in the nature of cryptocurrency and platforms for trading cryptocurrency
Provision of non-downloadable software for managing electrical utilities, ordering from energy suppliers, managing energy services, renewing energy services, facilitating financial transactions relating to energy services, monitoring energy consumption, and ordering technical assistance connected with energy services and apparatus
Programming of energy management software
Design and development of energy management software
Research in the field of climate change
Providing scientific information in the field of climate change
Research and development services in the field of thermal insulation, solar and climate protection for homes
Advice, information and consultancy in relation to the aforesaid services
None of the foregoing services related to the provision of e-commerce services, online retail store services, advertising services, multimedia content streaming services, subscription services or customer relationship programs (other than advertising services, subscription services, and customer relationship programs relating to the provision of energy services).