The trademark SenseGuard was filed by Grohe AG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on March 15, 2020, and received one opposition filed on June 14, 2020 by ENSCO, Inc. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by HASELTINE LAKE KEMPNER LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 14, 2020
It was designated 'Basic Application' for International Application 1562378 at the World Intellectual Property Organization (WIPO).
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Automatic electronic controllers
Electrotechnical, electronic, optoelectronic and acoustic equipment, apparatus and installations composed thereof for monitoring, controlling and regulating water transport and drainage, supply, providing, distribution, extraction, quality and water heating drinking and service water
Equipment and apparatus for monitoring, measuring, controlling and regulating pressure, temperature and flow rate quantities of water in water conduit installations and sanitary installations
Apparatus for monitoring water consumption
Electric control devices for water management
Mobile apps for operating toilets, water taps, lightning and PA systems
Sensors for moisture, flooding, leak monitoring, water control and water quality
Testing and calibrating apparatus
Cloud network monitoring software
Downloadable cloud computing software
Apparatus and instruments for recording, processing, receiving, reproducing, transmitting, modifying, compressing, decompressing, radio transmission, merging or editing of data
Software in the form of apps (applications)
Downloadable software
Software for recording, storage and evaluation of measurement data or recorded data from sensors
Internet of Things [IoT] sensors
Internet of Things [IoT] gateways
Computer application software for use in implementing the Internet of Things [IoT]
Downloadable computer software for remote monitoring and analysis
All of the aforesaid goods for use in the field of water sensors and water controllers and features included in those sensors/controllers, inter alia the detection of water leakage, flooding, water metering and temperature measurement and for insurance services and insurance services consulting with regard to insurances against water leakage and flooding”.
The mark was filed in class 38 with following description of goods:
Providing access to platforms on the Internet
Provision of access to data on communication networks
Transmission of information by electronic communications networks
Telecommunications by means of platforms and portals on the internet, in particular for handling insurance services and for redressing, repairing and eliminating water damage and water leaks
Providing and operating wired telecommunications networks, in particular for the transmission of water consumption data, damage reports, insurance claims reports, information on water damage and water leaks and repair orders and for the transmission and monitoring of technical status parameters, water technology installations and equipment, error or fault reports or other consumption or status data
Providing online access to a database, in particular for entering and taking note of water consumption data, damage reports, insurance claims reports, information on water damage and water leaks and repair orders and for taking note of and monitoring technical status parameters of water technology systems and devices for error or fault reports or for taking note of other consumption or status data
All of the aforesaid services for use in the field of water sensors and water controllers and features included in those sensors/controllers, inter alia the detection of water leakage, flooding, water metering and temperature measurement and for insurance services and insurance services consulting with regard to insurances against water leakage and flooding”.