The trademark E-POWERCUBE was filed by REMA TIP TOP AG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on July 13, 2021, and received one opposition filed on October 12, 2021 by CUBE INFRASTRUCTURE MANAGERS on Likelihood of confusion. the opponent was represented by INLEX IP EXPERTISE and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 12, 2021
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 8 with following description of goods:
Hand tools and implements [hand-operated]
Crimping tools (Hand operated -)
Electrical Contact Crimping Tools
Electrical Conductor and Insulation Crimping Tools
Electrical Contact Extraction and Insertion Tools.
The mark was filed in class 9 with following description of goods:
Application software
Application software for mobile phones
Energy consumption display devices
Apparatus and units for use in charging and recharging batteries for electric vehicles
Apparatus and instruments for controlling electricity
Apparatus and instruments for accumulating the use of electricity
Automatic machines for buying and selling electrical energy
Battery charge indicators
Battery charging devices and apparatus for electric motor vehicles and plug-in hybrid electric motor vehicles
Battery charge monitors
Recorded or downloadable computer programs for vehicle management in the field of energy
Computer software to enable the provision of information via communications networks
Computer programs for data capture and control of electrical values in electric energy transmission and distribution systems
Wire chargers, portable wire chargers, wall sockets and wired charging units and devices for electric motor vehicles and plug-in hybrid electric motor vehicles
Electric batteries, including for vehicles
Electric apparatus for charging batteries
Electrical apparatus, namely, charging stations for charging electric vehicles and plug-in hybrid electric motor vehicles
Electric cables and wires
Electric measuring and switching apparatus
Electrical power outlet boxes
Electrical plugs, sockets, contactors and connectors
Electrical and electronic components
Electronic instruments, Computer apparatus, Relating to the following purposes, Wireless data transmission
Electronic publications, downloadable electronic publications, Electronic publications recorded on computer media, Manuals and electronic manuals recorded on computer media
Downloadable computer software for remote monitoring and analysis
Cables for electricity
Charging and discharging apparatus for electric batteries
Chargers, portable chargers, wall sockets and charging units and devices for electric motor vehicles and plug-in hybrid electric motor vehicles
Charging leads for electric batteries
Charging stations for electric vehicles
Identity cards, magnetic
Measuring, signalling, checking (supervision) apparatus and instruments
Mobile apps
Pillars for electrical installations
Protective and safety equipment
Software and hardware for wireless power transfer for use in charging motor vehicles
Computer software applications, downloadable
Charging stations
Power regulating apparatus
Power distributors [electrical]
Terminals for the electronic payment of charges with credit and charge cards.
The mark was filed in class 35 with following description of goods:
Receiving, processing and handling of orders in the field of energy supplying, Advisory and consultancy services relating to the aforesaid services
Procurement services, for others (acquisition of goods and services for other companies) in the field of energy procurement and energy supplying
Commercial services, namely invoicing of energy supplies, for others, and computer-aided preparation and invoicing of charges of motor vehicles (office functions)
Business management of an electric vehicle charging infrastructure to enable consumers to recharge electric vehicles and to purchase electricity for such vehicles through a network of distribution centres, installations and outlets
Business management, for others, for installations for the generation, transmission and delivery of electrical energy
Collection of data for white list management and conducting of authorisation processes for CPOs [CPO - charge point operator]
Business consultancy and business organisation consultancy in the energy sector
Arranging of contracts, for others, for the providing of services, namely Contractual obligation for suppliers to procure a Europe-wide network of points of locations for charging e-vehicles
Advertising
Electricity meter reading for billing purposes
Collection of information for databases
Compilation of databases
Systematization of databases
Consultancy relating to data processing
Services organized online or via Internet extranet networks, namely search, retrieval, indexing and organization of data in electronic telecommunication networks
Data processing
Retail and online retail store relating to software and hardware for wireless power transfer for use in charging motor vehicles, battery charging devices and apparatus for electric motor vehicles and plug-in hybrid electric motor vehicles, chargers, portable chargers, wall sockets, and charging units and devices for electric motor vehicles and plug-in hybrid electric motor vehicles, wire chargers, portable wire chargers, wall sockets
Retail and online retail store in relation to wired charging units and devices for electric motor vehicles and plug-in hybrid electric motor vehicles, electrical apparatus, namely, charging stations for charging electric vehicles and plug-in hybrid electric motor vehicles.
The mark was filed in class 36 with following description of goods:
Services, in relation to the following fields, Handling electronic payment transactions
Services, in relation to the following fields, Cashless payment transactions of national and international businesses involved in industrial freight and passenger transport, of commercial vehicle fleets of passenger vehicles and/or lorries and in the field of transportation, namely preparation of invoices [in the context of conducting cashless payment transactions], predominantly based on software programs developed to be customer-oriented
Conducting cashless payment transactions
Financial services, in particular billing for energy deliveries, for others
Leasing of charging equipment
Computer-aided processing of financial transactions/operations, namely by means of service cards and apps having a payment function
The aforesaid services not including services in the field of investment funds, funding investments or financial services in the field of investment funds.
The mark was filed in class 37 with following description of goods:
Installation, maintenance and repair of chargers, charging stations and electronic monitoring apparatus
Charging station services for electric vehicles, namely recharging services for electric vehicles
Advisory services relating to the aforesaid
Charging of electric vehicles in the context of an electric vehicle charging infrastructure to enable consumers to recharge electric vehicles by the purchase electricity for such vehicles through a network of distribution centres, installations and outlets
Vehicle battery charging
Installation, maintenance and repair of charging apparatus and electronic monitoring devices
Construction, overhaul, repair and installation services relating to production, transmission and supply of energy
Cabling
Installation of wiring and power supply equipment for transmission and distribution of electricity suitable for electric vehicle recharging stations.
The mark was filed in class 38 with following description of goods:
Providing of access to supplier portals on the internet for the administration of CPO master data
Providing access to platforms on the Internet, Relating to the following purposes, pooling customers for the establishment of EMP services [e-mobility service providers]
Internet-based telecommunication services to enable users to reserve, activate and pay for charging station sessions to recharge electric vehicles
Telecommunication services provided via platforms and portals on the Internet and other media
Electronic transmission of measured data
Electronic, electric and digital transmission and distribution of data, signals and messages via data networks
Providing connections and rental of connection time for data networks and computer databases
Rental of connection access time for databases
Electronic bulletin board services
Providing telecommunication connections and links to databases, computer networks and Internet
Providing Internet and extranet connections
Providing access to extranet-accounts for management of client information
Remote transmission of data by means of telecommunications
Providing access to databases
Providing access to web sites on the internet.
The mark was filed in class 39 with following description of goods:
Vehicle fuelling with electricity
Distribution of energy for use in propelling vehicles
Electricity distribution
Consultancy and advisory services relating to the aforesaid services
Storage, transportation, distribution and supply of electrical, including by means of service agreements with others
Rental of electric batteries
Transmission and distribution of electricity
Consultancy relating to distribution and transmission of electricity
Management, use and control of electricity networks
Supply of electricity.
The mark was filed in class 40 with Leasing (rental) of charging apparatus and Electricity generating..
The mark was filed in class 42 with following description of goods:
Constructing, managing, in relation to the following fields, Databases containing statistical and dynamic charging points to provide the aforesaid data for a variety of web-based front ends
Providing of an app, including for displaying charging point information, price information, and handling of authorisation processes
Design and development of computer hardware, software and databases in the field of supplying vehicles with electricity
Hosting platforms on the Internet
IT services, installation and maintenance of software
Software as a service [SaaS]
Technical consultancy in the field of supplying vehicles with electricity
Technical development of infrastructures, in relation to the following fields, Charging stations for electric vehicles
Scientific services, Technological services, in relation to the following fields, Enriching standardised charge detail records for charge point operator-specific price information [including the final amount of charging processes relating to the purchase price owed to the charge point operator)
Development of electric vehicle charging station infrastructure
Monitoring of computer systems by remote access
Technical support services relating to computer software and applications
Design and development of computer hardware and software
Technical monitoring services relating to production, transmission and distribution of electricity
Engineering services
Automatic checking and inspection of meters and electricity meters
Remote quality control for voltage load
Design services for a network environment, computer systems and computer programs relating to payment of charging fees
Services relating to helpdesk operation, namely technical information or information exchange support services in emergency and special situations via telephone, email, Internet or short message (SMS)
Technical consultancy
Research and development in the field of power and electricity transfer technology for use in charging electric motor vehicles and plug-in hybrid electric motor vehicles.