The trademark X WAY 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 April 6, 2022, and received one opposition filed on June 28, 2022 by CEGELEC MOBILITY on Likelihood of confusion. the opponent was represented by LLR and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 28, 2022
The application was filed in Italian, and Italian 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:
Charging stations for charging electric vehicles
Apparatus and instruments for charging and controlling electric vehicles
Software and hardware for operation of charging stations for charging of electric vehicles
Computer software applications for locating charging stations
Data processing apparatus, interfaces, cards with encoded modules and electronic components for use together with computers, all for use in enabling automated roaming configuration between charging point operators and e-mobility service providers, and enabling the exchange of information on charging points (including transaction operations)
Data processing apparatus, interfaces, cards with encoded modules and electronic components for use together with computers, all for use in enabling exchange of charging detail records and exchange of smart charging controls between parties involved, all relating to electric vehicle charging
Software, especially open standard software and protocol software for charging electric vehicles
Software for automated roaming configuration between charging point operators and e-mobility service providers, for the exchange of information on charging points (including transaction operations), exchange of charging detail records and exchange of smart charging controls between parties involved, all relating to electric vehicle charging.
The mark was filed in class 37 with Recharging services for electric vehicles, Installation, maintenance and repair of charging stations and Charging of electric vehicles in the context of an electric vehicle charging infrastructure enabling consumers to recharge electric vehicles via purchase of electricity for such vehicles through a network of distribution centres, installations, storage solutions and outlets..
The mark was filed in class 42 with following description of goods:
Testing, analysis and assessment of charging points and e-mobility service providers, in the field of electric vehicle charging, for determining compliance with set certification standards
IT services, namely, Cloud-based management intelligence platform for data collection, data storage, analysis, rate and timing control, and monitoring of electricity generation and demand
Software as a service (SaaS)
Collection, storage, analysis, control and management of data in the public, residential, commercial and industrial markets for use in optimising electric vehicle charging tools and apparatus and other electric loads and generation
Computer services, featuring a cloud-based intelligence platform for data optimisation of load balancing, energy prices and environmental signals
IT services, namely, Computer services, namely operating systems and computer networks that control charging equipment and other remote controlled electrical loads, for use by electricity network managers, public service companies and participants in the energy market in the residential, commercial and industrial markets
IT services, namely, Management of aggregated electric demand, charging stations for electric vehicles, energy storage systems and other electrical loads and generating systems
Providing of software as a service [SaaS] for the remote management of charging stations for electric vehicles and control of charging stations for electric vehicles on the grid and other electrical loads and power sources
Information relating to the communication, monitoring and control of electric vehicles.