The trademark Nashergy was filed by Mulytic Labs GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on October 10, 2021, and received one opposition filed on January 10, 2022 by Alquiler Seguro S.A.U. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by Ibañez Acebal, Aránzazu and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 10, 2022
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Instruments and apparatus for conducting, switching, transforming, accumulating, regulating or controlling electricity
Electric instrument for generating, transmitting and storing electricity
Inverters for converting direct current to alternating current and alternating current to direct current
Batteries
Electrical capacitors for grid connected customers
Charge control devices, Control system with local user interface and/or display with network control and handling capability, energy control circuitry with early and predictive planning and control algorithms
Safety circuits for energy management
Control system with peak shaving and micro-dispatching capabilities
Surge protectors
Communications equipment
Computer networking and data communications equipment
Remote connection and monitoring circuits, namely, Ethernet, Wi-Fi, 3G, 4G, 5G, radio or telephone connectivity and power switches
Temperature monitoring equipment
Power monitoring circuitry, Power control relays
Circuit breakers
Software for cloud based management and monitoring of data, information and digital assets
Cloud based control system.
The mark was filed in class 35 with Price comparison services, namely determining the most economical source of electrical energy, whether from multiple sources including public utilities, photovoltaic systems, solar, thermal and electrical energy systems, wind generators, microturbines, hydroelectric generators, fuel cells, diesel generators, natural gas generators, biofuel generators and energy storage devices, namely batteries, energy storage devices, inverters and electrical capacitors at different times for customers connected to the network.
The mark was filed in class 37 with following description of goods:
Installation of installations and systems (hardware) for energy saving, in particular of storage devices that buffer energy from the environment, waste heat and sun all year round, as well as installation of networks (infrastructure) between energy consumers and energy producers
Implementation of construction projects, namely the construction of systems [renewable energies, power lines, substations, photovoltaic systems, wind turbines, battery systems, energy management systems]
Installation and maintenance of electrical equipment and the energy management software, namely, distributed generators, surge protectors and energy conditioning apparatus for use in distributed generation products for others.
The mark was filed in class 39 with following description of goods:
Distribution of energy, in particular control of the loading and unloading of the energetic infrastructure with regard to the stored or to be stored energy
Transport and distribution of electricity and other line-based energy carriers
Storage of energy in storage systems or storage media to increase efficiency.
The mark was filed in class 40 with following description of goods:
Generation of energy
Generation of energy from renewable energy sources
Generation of energy from waste
Generation of energy through photovoltaics
Generation of energy from wind power
Generation of energy from biogas.
The mark was filed in class 42 with following description of goods:
Scientific and technological services and research and design relating thereto
Industrial analysis and research services
Technical conception and development of systems for saving energy, in particular of storage systems which buffer energy from the environment, waste heat and sun all year round
Technical conception and development of plants or systems for energy saving, in particular plants or systems that network energy consumers and energy producers as required
Design of software for controlling electrical and electronic apparatus
Design of private and commercial electrical energy control systems for others and technical consultancy in the field of computerized temperature, fire, security and lighting monitoring, energy consumption management and monitoring and equipment monitoring systems
Monitoring services for others, namely display or recording the time control or the frequency of use and control of the use of electrical energy by means of selected devices.