The trademark EKO-WIATR BIS was filed by EKO-WIATR BIS Krzysztof Statuch sp.k., a corporation established under the laws of the Republic of Poland (the "Applicant"). The application was published for oppositions on October 16, 2023, and received one opposition filed on January 7, 2024 by HELLENIC FUELS AND LUBRICANTS SINGLE MEMBER INDUSTRIAL AND COMMERCIAL SOCIETE ANONYME also trading as EKO ABEE on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by LAW FIRM THANOS MASOULAS & PARTNERS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 7, 2024
The application was filed in Polish, and Polish was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 35 with following description of goods:
Business management of investment projects relating to generating, warehousing and storage of electricity derived from wind power plants and photovoltaic power plants, and relating to the distribution and transmission thereof via energy facilities and infrastructure, including high-voltage and medium-voltage substations
Services relating to the management and administration of industrial and production companies, also including energy and renewable energy sectors
Negotiation of commercial transactions and Settlement of commercial transactions, in the following fields: Trading in electricity for others
Advertising, marketing and sales promotion services provided via the radio, television and press
Advertising, marketing and sales promotion by means of billboards, posters, neon signs, flags and banners
Advertising, marketing and sales promotion services provided via the internet, telecommunications networks, radio networks and other networks enabling communication between a variety of electronic devices
Advertising, marketing and sales promotion services provided via web portals
Providing commercial, business, advertising and marketing information via web portals and social media
Public relations services
Preparation and publication of publicity texts and advertising matter, Development and publication of texts and advertising material
Distribution of promotional and advertising material in the form of samples, leaflets, catalogues, prospectuses and brochures
Arranging and conducting of exhibitions, festivals, trade fairs, demonstrations, competitions and contests for advertising and promotional purposes
Market research and opinion polling
Statistical market research
Information and consultancy relating to all the aforesaid services.
The mark was filed in class 36 with agency brokerage services, in the following fields: Trading in electricity and Agency services relating to the collection of electricity supply charges..
The mark was filed in class 37 with following description of goods:
Building construction in the following fields: Construction, development and renovation of building structures, including buildings, facilities and linear constructions, including roads and other traffic routes, and electricity facilities, including wind power plants, photovoltaic power plants, energy storage facilities and biogas plants
Building construction in the following fields: Construction, development and renovation of buildings for the generation, transmission, distribution, processing and storage of electricity
Installation, Exchange, Demolition and Re-installation, maintainance and Repair in relation to the following goods: Components and fittings for wind power plants and photovoltaic power plants, and energy facilities and infrastructure, including the following products: Turbines, engines, Windmills, Machines, installations and mechanical apparatus, electrical and electronic, and parts, accessories and cabling for the aforesaid installations, machines and apparatus
Installation, Exchange, Demolition and Re-installation, maintainance and Repair in relation to the following goods: Telemechanical, transport, lifting, communication, control, monitoring, alarm, fire, ventilation and air-conditioning systems and apparatus, and parts, accessories and cabling for the aforesaid systems and apparatus
Cleaning services relating to wind power plants and photovoltaic power plants
Washing and Purification, in relation to the following goods: Components and fittings for wind power plants and photovoltaic power plants, and other energy facilities and infrastructure
Repair in relation to the following goods: mechanical appliances, Electrical devices, Electronic appliances, Transport equipment, Hoisting materials, Telemechanical apparatus, Communication devices, Controlling devices, Monitoring apparatus, Alarm apparatus, Fire protection apparatus, ventilation devices and Climatisers, including the following services: Repair services consisting in the replacement of components of the aforesaid goods
Maintainance, Repair and Exchange in relation to the following goods: Components of pressure containers installed in wind turbines
Technical servicing of wind power plants, photovoltaic plants, energy facilities and infrastructure, including energy storage facilities and high-voltage and medium-voltage substations
Maintenance of wind power plants and photovoltaic plants via remote monitoring systems
Building management, namely Building construction supervision
Technical servicing, namely Installation, maintenance and repair of the following goods: Systems, machines and apparatus for use in the processes of generating, warehousing and storage of electricity derived from wind power plants and photovoltaic power plants, and in the processes relating to the distribution and transmission thereof via energy facilities and infrastructure, including high-voltage and medium-voltage substations
Information and consultancy relating to all the aforesaid services.
The mark was filed in class 39 with following description of goods:
Transmission, distribution and supply of electricity, including the following services: Transmission, distribution and delivery of electricity generated from renewable resources
Transmission, distribution and delivery of electricity derived from wind power plants and photovoltaic power plants via energy facilities and infrastructure, including high-voltage and medium-voltage substations
Accumulating of electricity and Storage of electricity
Storage services relating to the technical documentation of building structures
Warehouse storage, in relation to the following goods: Electronic supports with recorded technical documentation of building structures
Warehouse storage, in relation to the following goods: Technical apparatus documentation
Warehouse storage, in relation to the following goods: Electronic supports with recorded documentation of technical apparatus
Provision of information, and consultancy services, relating to all the aforesaid services.
The mark was filed in class 40 with following description of goods:
Generation of power
Production of electrical power from renewable sources
Generation of electricity using wind power plants and photovoltaic power plants
Information and consultancy relating to all of the aforesaid services.
The mark was filed in class 42 with following description of goods:
Technical supervision and inspection relating to wind power plants, photovoltaic power plants, energy facilities and infrastructure, including energy storage facilities and high-voltage and medium-voltage substations
Project scheduling and Project development in the following fields: Renewable energy, including the following services: Planning and development of projects relating to wind power plants, photovoltaic power plants, energy facilities and infrastructure, including energy storage facilities and high-voltage and medium-voltage substations
Conducting technical project studies and Development of construction projects, including the following services: Development of project documentation for renewable and cubic construction energy investments
Supervision and Technical surveys in relation to the following fields: Processes relating to the generating, warehousing and storage of electricity derived from wind power plants and photovoltaic power plants, and the distribution and transmission thereof via energy facilities and infrastructure, including high-voltage and medium-voltage substations
Monitoring of operating processes relating to wind power plants and photovoltaic power plants for quality assurance
Monitoring of operating processes relating to energy facilities and infrastructure, including energy storage facilities and high-voltage and medium-voltage substations, for quality assurance
Monitoring of the condition of machines installed in wind power plants and photovoltaic power plants
Monitoring of operating processes relating to electrical, electronic, telemechanical, transport, lifting, communication, control, monitoring, alarm, fire, ventilation and air-conditioning mechanical systems and apparatus, and parts, accessories and cabling for the aforesaid systems and apparatus, for quality assurance
Monitoring of network systems
Technical survey services
Technical surveying in relation to the following goods: Components and fittings for wind power plants and photovoltaic power plants, and energy facilities and infrastructure, including the following products: Turbines, Engines and motors, Windmills, Machines, installations and mechanical apparatus, electrical and electronic, and parts, accessories and cabling for the aforesaid installations, machines and apparatus
Reviews in relation to the following goods: Telemechanical, communication, transport, lifting, control, monitoring, alarm, fire, ventilation and air-conditioning installations and apparatus
Services relating to technical examination and engineering surveys, including occasional in-service tests of components and fittings for building structures, energy facilities and infrastructure, renewable energy facilities, including wind power plants and photovoltaic power plants
Services relating to technical examination and engineering surveys, including occasional in-service tests of installed in energy facilities turbines, engines, wind turbines, mechanical, electrical and electronic machines, installations and apparatus, and parts, accessories and cabling for the aforesaid installations, machines and apparatus, and also telemechanical, communication, transport, lifting, control, monitoring, alarm, fire, ventilation and air-conditioning installations and apparatus
Technical surveying
Technical testing services
Technical analysis
Provision of technical audits
Engineering, in the following fields: Building project services
Technical inspection services conducted for investors
Technical inspection of energy facilities, including wind power plants and photovoltaic plants
Conducting of technical examination for testing utilisation rate relating to service life of transport apparatus installed in the area of wind power plants and photovoltaic plants
Conducting of periodical technical examination of pressure containers installed in wind turbines
Inspection of buildings [surveying]
Technical servicing of building structures relating to the functioning of electrical and lightning protection installations
Services relating to the electrical measurement of insulation resistance and the effectiveness of anti-shock protection of devices equipped with electrical apparatus
Preparation of technical documentation of building structures
Storage of technical documentation of building structures in electronic form
Preparation of technical documentation of devices
Storage of technical apparatus documentation in electronic form
Independent technical consultancy, in the following fields: Construction
Specialised technical consultancy, in the following fields: Construction
Information and consultancy relating to all the aforesaid services.