The trademark ENVIRIA was filed by ENVIRIA Energy Holding GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on August 27, 2020, and received one opposition filed on November 18, 2020 by Envia Mitteldeutsche Energie AG on Likelihood of confusion. the opponent was represented by ARISTOS IP Partnerschaft von Rechtsanwälten mit beschränkter Berufshaftung Gerling Giannakoulis Pfleghar and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 18, 2020
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on June 16, 2021.
The Appeal with reference B R2395/2022-2 was Application partially rejected according to Article 8(1)(b) EUTMR with decision issued on May 22, 2023 by the EUIPO. The Appeal with reference B R2404/2022-2 was Opposition partially rejected according to Article 8(1)(b) EUTMR with decision issued on May 22, 2023 by the EUIPO. The Opposition with reference B 003135081 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on October 5, 2022 by the EUIPO.
The application claimed as seniority of the Federal Republic of Germany trademark 3020182225776 and filed on July 30, 2018 which was refused by the office.
Goods And Services
The mark was filed in class 6 with following description of goods:
Building and construction materials and elements of metal
Structures and transportable buildings of metal
Unprocessed and semi-processed materials of metal, not specified for use
Building structures of metal
Buildings of metal.
The mark was filed in class 9 with following description of goods:
Photovoltaic modules
Calibrated photovoltaic reference cells
Photovoltaic installations for generating electricity [photovoltaic power plants]
Photovoltaic apparatus and installations for generating solar electricity
Photovoltaic apparatus for generating electricity
Photovoltaic apparatus for converting solar radiation to electrical energy
Scientific research and laboratory apparatus, educational apparatus and simulators
Apparatus, instruments and cables for electricity
Recorded content
Measuring, detecting and monitoring instruments, indicators and controllers
Electrical and electronic components
Apparatus and instruments for controlling electricity
Apparatus and instruments for accumulating and storing electricity
Uninterruptable power supply apparatus
Apparatus and instruments for conducting the distribution of electricity
Electricity mains apparatus
Apparatus for improving power efficiency
Power-line transmission apparatus
Instruments for distributing electrical current.
The mark was filed in class 19 with following description of goods:
Roofing, not of metal, incorporating photovoltaic cells
Building and construction materials and elements, not of metal
Structures and transportable buildings, not of metal.
The mark was filed in class 35 with following description of goods:
Business analysis, research and information services
Advertising, marketing and promotional services
Business consultancy and advisory services
Administrative data processing
Business acquisitions
Business advisory and information services.
The mark was filed in class 36 with Fundraising and financial sponsorship and Crowdfunding..
The mark was filed in class 37 with following description of goods:
Installation of photovoltaic cells and modules
Installation and maintenance of photovoltaic installations
Maintenance, repair and reconditioning of photovoltaic apparatus and installations
Building, construction and demolition.
The mark was filed in class 42 with following description of goods: