The trademark OPEN POWER was filed by ENEL S.p.A., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on September 22, 2020, and received two oppositions.
Opposition Proceedings
There are two Oppositions claimed against trademark.
The first opposition filed on December 22, 2020 by Bentley Systems, Incorporated on (a) Art. 8(4), (b) Likelihood of confusion. the opponent was represented by VENNER SHIPLEY LLP and its proceedings were handled in English The second opposition filed on December 21, 2020 by OpenPOWER Foundation on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by KELTIE LIMITED and its proceedings were handled in English
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on November 23, 2021.
The application claimed as seniority of the Italian Republic trademark 2019000094095 and filed on December 10, 2019 which was accepted by the office.
Goods And Services
The mark was filed in class 9 with following description of goods:
Apparatus and instruments for generating, conducting, switching, transforming, accumulating, regulating, measuring and controlling electricity and gas
Electric accumulators and power analysers
Gas analysers and detectors
Remote monitoring apparatus
Photovoltaic apparatus and installations for generating electricity
Apparatus and instruments for transforming electricity
Batteries, electric
Batteries for electric vehicles
Solar batteries
Battery chargers
Solar battery chargers
Electric cells
Photovoltaic cells
Electrical circuits
Electrical components
Counters
Multifunctional remote controls
Wires, electric
Control panels [electricity]
Solar panels for the production of electricity
Distance sensors
Gas sensors.
The mark was filed in class 11 with following description of goods:
Electrical lighting fixtures
Regulating and safety accessories for water and gas installations
Heat accumulators
Lighting apparatus for vehicles
Air-conditioning apparatus
Cooling appliances and installations
Heating apparatus and installations
Burners, boilers and heaters
Boilers
Air-conditioning apparatus
Electric lamps
Solar energy powered heating installations
Chandeliers
Solar lamps
Light bulbs
Electric lamps
Solar thermal collectors [heating]
Radiators, electric
Bathroom heaters
Solar powered torches
Electric torches
Ventilating fans.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Business management
Business consulting
Providing business information via a web site
Commercial information and advice for consumers [consumer advice shop]
Organisation of trade fairs for commercial purposes
Arranging of trading transactions and commercial contracts
Arranging of contracts, for others, for the providing of services
Bidding quotation
Business administration
Assistance and consultancy services in the field of business management of companies in the energy sector
Tariff information and advisory services
Commercial intermediation services
Systemization of information into computer databases
Retailing of electric apparatus.
The mark was filed in class 37 with following description of goods:
Construction of power plants
Construction of wind power plants
Construction of structures for the production of natural gas
Exploitation of gas and oil
Providing of information relating to the repair and maintenance of electric apparatus for production and supply of electricity and gas
Installation, maintenance and repair of gas and water pipelines, installations for lighting, photovoltaic installations, oil pipelines and electric apparatus
Installation, maintenance and repair of apparatus and installations for production and supply of electricity and gas
Maintenance and repair of electric vehicles
Charging of electric vehicles
Advisory services relating to the installation of power plants.
The mark was filed in class 39 with following description of goods:
The supply and distribution of gas and electricity
Information and consultancy in relation to the distribution of electricity and gas
Leasing the use of power lines to third parties for the transmission of electricity
Gas storage services
Automobile vehicle renting services
Clearance of waste
Storage of energy and fuels
Distribution of renewable energy.
The mark was filed in class 40 with following description of goods:
Electric power generation
Production of electrical power from renewable sources
Generation of gas and electricity
Consultancy services relating to the generation of electrical power
Gas production services
Rental of power-generating equipment
Rental of batteries
Rental of electricity generators
Rental of installations for heating and cooling.
The mark was filed in class 42 with following description of goods:
Professional consultancy relating to the conservation of energy
Technological consultancy in the fields of energy production and use
Exploration and searching of oil and gas
Measuring and analysis of gas emissions
Designing of electrical systems
Technical design and planning of power stations
Design and technical planning of gas and water pipelines
Design and development of software for control, regulation and monitoring of solar energy systems
Conducting of research and technical design studies in relation to the use of energy
Technological consulting services in the field of alternative energy generation
Engineering services relating to gas transport and supply systems.