The trademark DIADEM was filed by PreussenElektra Aktiengesellschaft, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on December 13, 1998, and received one opposition filed on March 11, 1999 by ATRAL FRANCE (société anonyme) on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by CASALONGA ALICANTE, S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 11, 1999
The application was filed in German, and German 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 Electrical and electronic components for the compilation, storage and transmission of energy and environmental data and files, including sensors, actuators, modules, interfaces, display and recording apparatus.
The mark was filed in class 35 with Processing of information relating to energy and the environment, in particular using an electric network for data transmission.
The mark was filed in class 38 with Burglar alarms, fire alarms and fault signals and providing a communication infrastructure for transmitting energy and environmental data and files..
The mark was filed in class 42 with following description of goods:
Supplying energy to industry
Load management, remote meter reading, compiling energy reports
Technical consultancy for customers relating to the construction of energy management systems in buildings and technical installations
Remote management of buildings and technical installations
Visualisation of the energy situation of buildings and technical installations in the buildings and technical installations and/or in control centres, including the recording and analysis of measuring data for compiling energy reports
Development and creation of and technical support for software and hardware for the aforesaid services
Construction of energy management systems for industrial operations using decentralised, intelligent automation to exploit the potential for energy and cost efficiency.