The trademark Smartrol was filed by Wolf GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on September 30, 2013, and received one opposition filed on December 30, 2013 by Vertiv Corporation on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 30, 2013
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on January 1, 2014.
Goods And Services
The mark was filed in class 9 with following description of goods:
Physical, electric and electronic measuring, control and regulating apparatus, and control valves, in particular for heating installations and heating regulators
Regulating valves
Time-delay programming devices
Thermostats
Data carriers of all types
Computer software
Electric and electronic installations and apparatus for the remote control of heating, ventilating, air conditioning, water supply and steam generating installations and solar collectors and photovoltaic installations
Signalling apparatus
Photovoltaic installations, mainly consisting of solar modules for generating electricity, impedance converters, control and regulating apparatus and parts therefor
Electrical/electronic regulating and safety accessories for photovoltaic installations.
The mark was filed in class 11 with following description of goods:
Apparatus for heating, ventilating, refrigerating, drying, water supply and steam generating apparatus, in particular oil, gas and dual-fuel burners, and non-electric parts therefor
Air conditioning installations and parts therefor, in particular fans, heater parts, cooler parts, washer parts, mixing and ventilating parts, sound damping parts, tubular heat exchangers, rotary heat exchangers
Heating plants, mainly consisting of boilers, oil, gas or dual-fuel burners and/or solar collectors, heat acumulators, control and regulating apparatus, hydraulic distributors, circulation pumps and parts therefor
Lighters
Hot water tanks and boilers
Heating and recirculating pumps (heating technology)
Thermal solar collectors and heating installations consisting of solar collectors, and parts therefor
Regulating and safety accessories for solar collectors, photovoltaic, oil and gas installations and pipes, water apparatus and pipes
Electro-storage blocks
Combined heat and power generating installations, and parts therefor
Water heaters, mainly consisting of heat exchangers and reservoirs.
The mark was filed in class 37 with Installation, assembly, maintenance and repair of heating, ventilating, water supply and air conditioning installations, and solar collectors and photovoltaic installations.
The mark was filed in class 42 with following description of goods:
Technical consultancy and architectural and construction planning in the fields of heating, ventilating, solar, photovoltaic and air conditioning technology, in particular for heating technology installations and air conditioning installations, as well as installation, assembly and maintenance thereof
Construction drafting, technical project studies
Research and development in the field of technology, in particular heating, ventilating, solar, photovoltaic and air conditioning technology
Surveying
Surveying
Rental, maintenance, updating of computer software, computer programming.