The trademark BETTER PLACE ENERGY was filed by Daniel Jammer, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on December 7, 2022, and received one opposition filed on March 6, 2023 by gut.org gemeinnützige AG on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by ERLBURG Rechtsanwaltsgesellschaft mbH and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 6, 2023
It was designated 'Basic Application' for International Application 1733088 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).
The Opposition with reference B 003191532 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on September 16, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 7 with following description of goods:
Generators
Build production machinery
Power plants
Electricity generators
Engines, powertrains, and machine parts, and controls for the operation of machines and engines.
The mark was filed in class 9 with following description of goods:
Batteries
Battery leads
Battery chargers
Battery testers
Battery terminals
Apparatus, instruments and cables for electricity
Apparatus and instruments for accumulating and storing electricity
Apparatus and instruments for controlling electricity
Electrical and electronic components
Electric cables and wires
Measuring, detecting, monitoring and controlling devices
Testing and quality control devices
Electricity measuring instruments
Photovoltaic apparatus for converting solar radiation to electrical energy
Solar modules
Software
Apps
Electronic publications, downloadable
Recorded content
Encoded service cards and identity cards
Data carriers
Data-processing equipment and computers.
The mark was filed in class 37 with following description of goods:
Replacement of batteries
Recharging of batteries and accumulators
Rental of battery chargers
Power infrastructure construction
Repair of energy supply installations
Construction of geothermal energy installations
Construction, maintenance and repair of energy production plants.
The mark was filed in class 39 with following description of goods:
Distribution of energy
Transport
Packaging and storage of goods
Storage of energy
Providing information relating to the distribution of electricity
Rental services related to transportation and storage
Transport reservation
Transportation logistics.
The mark was filed in class 40 with following description of goods:
Rental of batteries
Energy production
Rental of electricity generators.
The mark was filed in class 42 with following description of goods:
Energy auditing
Programming of energy management software
Engineering services
Technological consultancy in the fields of energy production and use
Research in the field of energy
Design and development of regenerative energy generation systems
Software development, programming and implementation
Software engineering
Maintenance of computer software
Software as a service [SaaS]
Research
Science and technology services
Testing, authentication and quality control
Providing temporary use of on-line non-downloadable operating software for accessing and using a cloud computing network