The trademark HYDROOX was filed by HYDROOX TECH CORPTP S L, a corporation established under the laws of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on July 2, 2023, and received one opposition filed on August 21, 2023 by MPDV Mikrolab GmbH on Likelihood of confusion. the opponent was represented by MAS & P: MIESS ALTHERR SIBINGER UND PARTNER RECHTSANWÄLTE PARTNERSCHAFTSGESELLSCHAFT and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 21, 2023
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003201767 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on October 24, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 4 with Electric power from renewable sources none being oils nor lubricants and hydrogen [fuel]..
The mark was filed in class 7 with following description of goods:
Current generators
Power installations [generators]
Power transmission gears.
The mark was filed in class 9 with following description of goods:
Electric regulating, signalling and operating apparatus and instruments not included in other classes
Apparatus and devices for controlling energy consumption
Computer software applications, downloadable
Apparatus for the transmission of data
Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity
Boiler control instruments
Computer programs (software), in particular in the field of energy management
Checking (supervision) apparatus and instruments.
The mark was filed in class 11 with Electrically or gas powered heating, cooking, drying and ventilating equipment, in particular Instantaneous water heaters, Storage water heaters, combined central heating and hot water heaters, Boilers, Heat accumulators, Central heating equipment and Individual parts for the aforesaid goods.
The mark was filed in class 12 with Hydrogen fueled cars.
The mark was filed in class 35 with following description of goods:
Electronic commerce services, namely, providing information about products via telecommunication networks for advertising and sales purposes
Promotion of sales for others
Import-export agencies in the field of energy
Analysis of market research
Analysis of business information
Business and strategy consultancy
Marketing and business management consultancy
Business consulting
Book-keeping
Advertising
Market research services
Operation of businesses
Procurement of contracts for the purchase and sale of goods or services
Tariff information and advisory services.
The mark was filed in class 36 with Providing financial advice for industrial companies in the field of renewable energy projects.
The mark was filed in class 37 with following description of goods:
Installation, maintenance and repair of the following goods: Power generation systems based on energy from renewable sources and apparatus and instruments for controlling, signalling and regulating the distribution or use of electricity
Fueling of hydrogen gas for vehicles
Charging of batteries and power storage devices, including rental of equipment therefor.
The mark was filed in class 39 with Distribution of renewable energy.
The mark was filed in class 40 with Production of electrical power from renewable sources and Clean energy production..
The mark was filed in class 41 with Training and Education (where employees have to be trained in techniques and use of products)..
The mark was filed in class 42 with following description of goods:
Services of an engineer, In particular assessment of heating, ventilating, drying, sanitary and household installations, including controls and settings and remote controls and settings therefor
Design and development of regenerative energy generation systems