The trademark Xtherma was filed by Xtherma GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on August 2, 2023, and received one opposition filed on November 1, 2023 by DEPÓSITOS COBALLES, S.L. on Likelihood of confusion. the opponent was represented by ISERN PATENTES Y MARCAS, S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 1, 2023
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003205868 was rejected according to Article 8(1)(b) EUTMR with decision issued on April 13, 2025 by the EUIPO.
Goods And Services
The mark was filed in class 11 with following description of goods:
Heat pumps
Air-source heat pump water heaters
Heat regenerators
Heat generating apparatus
Hot water installations
Pressure relief apparatus for use with water heaters
Storage water heaters
Refrigerating machines
Evacuated heat pipe solar collectors [heat exchangers]
Drying installations
Sanitary installations, water supply and sanitation equipment
Regulating and safety accessories for water and gas installations
Personal heating and drying implements
Refrigerating and freezing equipment
Nuclear installations
Fireplaces
Industrial treatment installations
Cooking, heating, cooling and preservation equipment, for food and beverages
Filters for industrial and household use
Burners, boilers and heaters
Sun tanning appliances
Lighting and lighting reflectors
Igniters
Flues and installations for conveying exhaust gases
Water bed heaters
Heating apparatus incorporating flues
Gas operated apparatus for heating
Heating systems for motor cars
Water distributor armatures for heating
Solar energy powered heating installations
Heaters for high tensile structures
Heaters for baths
Hot water heaters
Heaters for laboratory containers
Combined heating and air conditioning apparatus
Flues for heating boilers
Burner control apparatus
Aquarium heaters
Pavement heating apparatus
Water heaters
Hot water boilers
Heating installations [water]
Hot water apparatus
Solar water heaters
Gas fired water heaters
Temperature sensors [thermostatic valves] for central heating radiators
Water heaters for shower baths
Temperature sensing apparatus [thermostatic valves] for central heating radiators
Exhaust hoods [cooker hoods]
Filters for exhaust extractors [parts of household or industrial installations]
Extractor units [ventilation]
Suction ventilators
Extraction hoods for fodder driers
Oven ventilator hoods
Extraction hoods for freezers
Hoods incorporating extractor fans
Fume destructing hoods
Vehicle-mounted air purifying apparatus
Automatic temperature regulators for central heating radiators
Automatic temperature regulators [valves] for central heating radiators
Axial fans
Axial fans for air-conditioning
Heated carpets
Installations for airing
Aeration apparatus
Ventilation hoods for laboratories
Ventilating hoods for smoke
Underfloor heating installations
Sliding plate fire dampers
Ventilating hoods for steam
Damping nozzles [parts of fires]
Steam radiators for heating buildings
Damping apparatus [parts of fires]
Radiant ceiling plates
Roof fans
Ceiling fans with integrated lights
Compressed air ventilators
Extractors [ventilation or air conditioning]
Vapour extractor hoods for kitchen stoves
Ventilation hoods for stoves
Solar powered ventilation apparatus
Electrically heated towel rails
Electrically heated carpets
Electrically powered blowers for ventilation
Electrically powered air blowers for ventilation purposes
Electric strip heating units
Electric window fans
Electric foot warmers
Electric bladeless fans
Electric towel warmers
Electric surface heating tapes
Electrical heating elements
Electrical heating elements in the form of cables
Electrical heating elements in the form of foil
Heating filaments, electric
Heating apparatus, electric
Electric heating cables
Electric heaters
Electric radiant heating apparatus
Electric radiant heaters [for household purposes]
Electric air conditioners
Electric furnaces
Electric space heaters
Electric radiators for heating buildings
Electric radiators [not for motors and engines]
Radiators, electric
Electric heat-treating furnaces
Japanese electric leg-warming apparatus for household purposes (electric kotatsu)
Electric space cooling apparatus [for household purposes]
Electrical storage heaters
Electrical fans being parts of household ventilation installations
Electric fans with evaporative cooling devices
Electric fans [for household purposes]
Electric central heating boiler systems
Electrically powered fans for ventilation purposes
Installations for air extraction
Ventilating exhaust fans
Filters for cleaning gases [parts of household or industrial installations]
Filters for use with apparatus for ventilating
Floor heating apparatus
Underfloor heating apparatus and installations
Under floor heating
Gas fired space heating apparatus
Gas operated devices used in cooling
Gas fuelled central heating installations
Gas fire radiants
Domestic gas fires
Gas boilers for central heating
Gas stoves [space-heaters for household use]
Gas space heaters
Installations for controlling the flow of gases
Sectional radiators
Halogen heaters
Hoods for ventilating apparatus
Fan heaters
Heating units
Electric blankets
Bathroom heaters
Domestic heating utensils
Heaters for temporary structures
Heaters for tents
Domestic radiators
Radiator valves
Radiator valves [thermostatic]
Radiator caps
Radiators [heating]
Heating rings
Radiant fan heaters
Heating apparatus
Heating installations incorporated in windows
Heating installations incorporated in glass
Residential heating units
Hot air apparatus
Hot air blowers
Hot air heating apparatus
Hot-air space heating apparatus [for industrial purposes]
Hot-water space heating apparatus [for industrial purposes]
Fire ventilators for exhausting gases
Japanese charcoal heaters for household purposes use (hibachi)
Forced air type horizontally disposed cylindrical space heaters
Induction water heaters
Industrial ventilation apparatus
Isothermic cabinets
Cold air blowing apparatus
Boilers being parts of central heating installations
Boilers for use in heating systems
Fire ventilators for exhausting vapours
Kerosene heaters
Convector heaters
Cooling installations
Air conditioning panels for use in walk-in coolers
Cooling domes
Heat sinks for use in heating apparatus
Heat sinks for use in cooling apparatus
Heat sinks for use in ventilating apparatus
Radiant linear heating systems
Air balancing dampers
Air handling installations
Air treatment equipment
Air handlers
Air freshener plug-ins
Air reheaters
Air filters for air conditioning units
Refrigerating apparatus
Cooling apparatus and appliances
Cooling apparatus for liquids
Cooling apparatus for moulds
Aquarium coolers
Commercial refrigeration units
Regulating apparatus for water apparatus
Refrigerators, cooling apparatus and freezers for medical storage purposes
Kimchi refrigerators
Cooling systems for motor cars
Water coolers
Microwave ovens [cooking apparatus]
Combinations of refrigerators and freezers
Air-conditioning apparatus
Air conditioning for data processing rooms
Air conditioning for use in transportation
Air conditioners for vehicles
Residential air conditioning units
Ventilation [air-conditioning] installations and apparatus
Fans for air conditioning apparatus
Safety valves for water apparatus
Pressure relief valves [safety apparatus] for water apparatus.
The mark was filed in class 42 with following description of goods:
Monitoring of telecommunication signals
Monitoring of network systems
Monitoring of water quality
Monitoring of computer systems for security purposes
Authentication services (control) of messages transmitted via telecommunications
Monitoring of events which influence the environment within buildings
Monitoring of activities which influence the environment within buildings
Monitoring of events which influence the environment within civil engineering structures
Monitoring of activities which influence the environment within civil engineering structures
Analysis of the structural behaviour of buildings
Technical research projects and studies
Technical project studies in the field of computer hardware and software
Conducting of technical feasibility studies
Technical consultancy relating to the use of materials for the preparation of electronic circuitry
Environmental monitoring of waste storage areas
Technical measuring and testing
Technical management of household appliances and computer equipment
Preparation of reports relating to technical project studies for construction projects
Technical data analysis services
Technical research
Technical consultancy services relating to information technology
Design services
Testing, authentication and quality control
Science and technology services
IT services
Access Control as a Service (ACaaS)
Computer security threat analysis for protecting data
Authentication services for computer security
User authentication services using single sign-on technology for online software applications
User authentication services using technology for e-commerce transactions
User authentication services using blockchain technology
Telecommunication network security consultancy
Provision of security services for computer networks, computer access and computerised transactions
Cloud-based data protection services
Computer forensics
Computer firewall services
Computer programming services for electronic data security
Computer security services in the nature of administering digital certificates
Computer system monitoring services
Data recovery services
Data security services [firewalls]
Anti-spamming services
Computer virus protection services
Computer security services for protection against illegal network access
Digital forensic investigations in the field of computer crimes
Providing user authentication services using biometric hardware and software technology for e-commerce transactions
Electronic monitoring of personally identifying information to detect identity theft via the internet
Electronic monitoring of credit card activity to detect fraud via the internet
Unlocking of mobile phones
Development of technologies for the protection of electronic networks
Hosting of Access Control as a Service (ACaaS) servers and software
Internet walled garden services
IT services for data protection
Computer disaster recovery planning
Takedown services for removal of digital works infringing intellectual property rights
Monitoring of computer systems for detecting unauthorized access or data breach
Monitoring of computer systems to detect breakdowns
Computer security system monitoring services
Disaster recovery services for data communications systems
Disaster recovery services (Computer -)
Disaster recovery services for computer systems
Recovery of computer data
Reconstruction of database systems for others
Recovery of smartphone data
Providing alerts regarding children’s access to online websites and content
Consulting services in the field of software as a service [SaaS]
Consultancy and information services relating to software rental
Advisory services relating to the rental of computers or computer software
Consulting in the field of cloud computing networks and applications
Providing electronic storage space on the Internet
Providing temporary use of online non-downloadable software for word processing
Providing temporary use of online non-downloadable computer software for collecting, analyzing and organizing data in the field of deep learning
Providing temporary use of online non-downloadable investment software
Providing temporary use of non-downloadable business software
Providing temporary use of non-downloadable software applications accessible via a web site
Providing temporary use of online, non-downloadable computer software for use in broadcast monitoring applications
Providing temporary use of non-downloadable software to enable content providers to track multimedia content
Providing temporary use of non-downloadable software to enable sharing of multimedia content and comments among users
Providing temporary use of non-downloadable software for analyzing financial data and generating reports
Providing temporary use of web-based software
Providing temporary use of web-based applications
Providing temporary use of on-line non-downloadable software for inventory management
Providing temporary use of on-line non-downloadable software for importing and managing data
Providing temporary use of on-line non-downloadable software for web site development
Providing temporary use of online, non-downloadable computer software for language translation
Providing temporary use of on-line non-downloadable operating software for computer networks and servers
Providing temporary use of on-line non-downloadable software for database management
Providing temporary use of on-line non-downloadable operating software for accessing and using a cloud computing network
Providing temporary use of non-downloadable interactive entertainment software
Providing temporary use of non-downloadable software
Providing temporary use of on-line non-downloadable single sign-on software
Providing temporary use of on-line non-downloadable software for processing electronic payments
Providing or rental of electronic memory space on the Internet
Providing artificial intelligence computer programs on data networks
Providing electronic memory space on the Internet
Provision of computer security risk management programs
Providing software on a global computer network
Providing search engines for the internet
Providing search engines for obtaining data via communications networks
Providing search engines for obtaining data on a global computer network
Providing virtual computer environments through cloud computing
Providing virtual computer systems through cloud computing
Blockchain as a Service [BaaS]
Cloud computing
Cloud hosting provider services
Public cloud hosting provider service
Private cloud hosting provider service
Cloud storage services for electronic data
Cloud storage services for electronic files
Computer services concerning electronic data storage
Data warehousing
Data back-up services
Data storage via blockchain
Search engine design services
Application service provider [ASP], namely, hosting computer software applications of others
Application service provider services
Digital Distributed Storage
Electronic data back-up
Electronic data storage and data back-up services
Electronic data storage
Electronic storage services for archiving electronic data
Electronic storage services for archiving databases
Electronic storage services for archiving databases, images and other electronic data
Updating of computer software
Updating Internet pages
Updating of software for embedded devices
Updating and adapting of computer programs according to user requirements
Computer software design and updating
Updating and upgrading of computer software
Updating of computer programs for third parties
Updating of computer programs
Updating of computer software relating to computer security and prevention of computer risks
Updating of computer software for others
Updating of home pages for computer networks
Updating home pages for others
Updating of smartphone software
Updating of software databases
Updating of software for data processing
Updating of software for communication systems
Analytical services relating to computer programmes
Commissioned writing of computer programs, software and code for the creation of web pages on the Internet
Updating and maintenance of computer software and programs.