EUTM file information

018350081

AVEX

December 6, 2020

Trademark Summary

The trademark AVEX was filed by AVEX Mineralölhandelsges. mbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on February 18, 2021, and received undefined oppositions.

Opposition Proceedings

There are undefined Oppositions claimed against trademark.

The first opposition filed on April 28, 2021 by INTESA SANPAOLO S.P.A. on Likelihood of confusion. the opponent was represented by PERANI & PARTNERS SPA and its proceedings were handled in English The second opposition filed on April 18, 2021 by SHELL BRANDS INTERNATIONAL AG on Likelihood of confusion. the opponent was represented by BAKER & MCKENZIE AMSTERDAM N.V. and its proceedings were handled in English

The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).

The Appeal with reference B R1728/2022-5 was Application allowed according to Article 109(3) EUTMR with decision issued on November 2, 2022 by the EUIPO. The Opposition with reference B 003144674 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on July 10, 2022 by the EUIPO. The Opposition with reference B 003145566 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on April 27, 2023 by the EUIPO.

Goods And Services

  • The mark was filed in class 4 with following description of goods:
    1. Petrol (fuel)
    2. Diesel fuel
    3. Solid, liquid and gaseous fuels (including motor spirit)
    4. Gases, including liquid gases or liquefied gases, being fuels, heating substances and propellants
    5. Oils for motor vehicles (industrial oils)
    6. Lubricants
    7. Lubricating grease
    8. Lubricating oil
    9. Lubricants being gear oils
    10. Fuel oils
    11. Hydraulic oils and propellants (motor fuel)
    12. Engine cooling oils
    13. Non-chemical additives to industrial oils and fuels
    14. Olefins (fuel)
    15. Propane (combustion and heating gas)
    16. Extra fine oils for motors
    17. Fine oils for motors
    18. Natural gas
    19. Liquid natural gas [LNG]
    20. Liquefied natural gas
    21. Fuels (including motor spirit) and illuminants, in particular natural gas
    22. Electrical energy.
  • The mark was filed in class 9 with following description of goods:
    1. Charging stations for electric vehicles
    2. Mounting cradles [electrical]
    3. Battery charging devices for motor vehicles
    4. Accumulators, electric
    5. Chargers for electric batteries
    6. Data processing equipment and computers for connecting electric vehicles to the energy system of a house, car park, service station, street lamp, charging station for electric vehicles or parking meter
    7. Solar panels
    8. Photovoltaic apparatus and installations for generating solar electricity
    9. Solar installations for power generation, namely consisting of solar modules for power generation, current inverters, electronic apparatus and instruments for control, regulation, capture and monitoring
    10. Photovoltaic modules for generation of electricity
    11. Batteries
    12. Electronic control and regulating apparatus and inverters for transforming direct current from solar cells into alternating current
    13. Computer software for connecting electric vehicles to the energy system of a house, car park, service station, street lamp, charging station for electric vehicles or parking meter
    14. Electronic meters
    15. Measuring apparatus
    16. Fuse indicators
    17. Gauges with digital readout
    18. Physical analyzers [other than for medical use]
    19. Computer software for use in remote meter reading
    20. Computer apparatus for remote meter reading
    21. Apparatus and instruments for accumulating and storing electricity
    22. Apparatus and instruments for controlling electricity
    23. Instruments for distributing electrical current
    24. Batteries for vehicles
    25. Accumulators for photovoltaic power
    26. Apparatus and instruments for accumulating electricity
    27. Batteries for electric vehicles
    28. Batteries, electric, for vehicles
    29. Batteries, electric
    30. Electric batteries for powering electric vehicles
    31. Electrical cells and batteries
    32. Charging docks
    33. Chargers
    34. Chargers for electric batteries
    35. Solar cells
    36. Electricity storage apparatus
    37. Power units [batteries]
    38. Apparatus and instruments for conducting electricity
    39. Apparatus and instruments for transforming electricity
    40. Apparatus and instruments for accumulating electricity
    41. Circuit closers
    42. Ammeters
    43. Circuit breakers
    44. Electric loss indicators
    45. Converters, electric
    46. Commutators
    47. Distribution boxes [electricity]
    48. Panels for the distribution of electricity
    49. Measuring devices, electric
    50. Time recording apparatus
    51. Time switches, automatic
    52. Electricity indicators
    53. Current-meters
    54. Power regulating apparatus
    55. Voltage surge protectors
    56. Measuring, counting, alignment and calibrating instruments
    57. Controllers (regulators)
    58. Electricity measuring instruments
    59. Time measuring instruments (not including clocks and watches)
    60. Telemetry apparatus
    61. Measuring apparatus and instruments
    62. Quantity indicators
    63. Computer hardware for data transfer purposes, for the remote reading of electricity meters
    64. Electric power distribution apparatus.
  • The mark was filed in class 30 with following description of goods:
    1. Ready meals and snacks, included in class 30, namely pizzas, Hamburger, Hot dogs and Toasted sandwiches
    2. Snacks and ready meals consisting predominantly of rice, pasta and/or cereal preparations
    3. Sandwiches
    4. Muffins
    5. Confectionery.
  • The mark was filed in class 35 with following description of goods:
    1. E-commerce, Namely arranging and concluding of commercial transactions, for others, via online shops
    2. Retailing in service stations, namely selection, purchase, compilation and presentation of beverages, printed matter (in particular newspapers, periodicals and books), sound recording and data carriers (compact discs, DVDs, CD-ROMs), and tobacco and smokers' articles
    3. Retailing in relation to foodstuffs, beverages, printed matter (in particular newspapers, periodicals and books), sound recording and data carriers (compact discs, DVDs, CD-ROMs), and tobacco and smokers' articles
    4. Rental of vending machines
    5. The aforesaid services via telecommunications, in particular with the purpose of regular customer care and attracting new customers
    6. Operation of commercial food ventures, namely retailing in relation to foodstuffs, printed matter (in particular newspapers, periodicals and books), and tobacco and smokers' articles in commercial food ventures.
  • The mark was filed in class 37 with following description of goods:
    1. Lubrication, cleaning, care, maintenance, inspection (maintenance) and repair of machines, engines and motor vehicles, including the tyres thereof
    2. Asphalting
    3. Car, vehicle, caravan and trailer maintenance and repair
    4. Automobile washing
    5. Battery maintenance and charging
    6. Vehicle service stations for repairing, cleaning and maintaining vehicles
    7. Operating service station facilities for the repair, servicing, maintenance and cleaning of motor vehicles
    8. Service stations, namely refuelling, maintenance, servicing, repair and cleaning of vehicles
    9. Greasing (vehicle-)
    10. Cleaning of vehicle interiors
    11. Vehicle, trailer and caravan washing and cleaning
    12. Vehicle polishing
    13. Lubrication of vehicles
    14. Anti-corrosion treatment for vehicles
    15. Varnishing
    16. Washing of motor vehicles
    17. Rust inspection in connection with rust protection measures
    18. Anti-rust treatment for motor vehicles and agricultural vehicles
    19. Vehicle polishing
    20. Interior cleaning of vehicles by vacuuming
    21. Vulcanisation of tyres (repair)
    22. Maintenance and repair of motor vehicles at sporting events
    23. Maintenance, greasing and lubrication of motor vehicles, regulating of motor vehicle engines and conducting of adjustments of all kinds on motor vehicles in the context of maintenance, servicing and repair of motor vehicles
    24. Washing, cleaning and polishing of vehicles, trailers, motors and engines
    25. Consultancy in relation to the repair and maintenance of vehicles
    26. Database operation, namely installation, set-up and maintenance of database hardware
    27. Anti-rust treatment of vehicles
    28. Consultancy in relation to the lubrication and maintenance of engines and machines
    29. Operation of customer service workshops, namely repair, maintenance and care in relation to technical, mechanical and electronic devices and machines of all kinds, and vehicles of all kinds
    30. Operation of automatic distribution machines, namely maintenance and repair of automatic distribution machines
    31. Fueling of hydrogen gas for vehicles
    32. Natural gas refuelling service for motor vehicles
    33. Charging of electric vehicles
    34. Vehicle servicing, repair, maintenance and charging of electric vehicles
    35. Installation, repair and maintenance in relation to charging stations for electric vehicles, electric passenger vehicles, electric motorcycles, electric scooters, electric bicycles and electric tricycles
    36. Repair or maintenance of gasoline station equipment.
  • The mark was filed in class 43 with Providing of food and drink and temporary accommodation and Services for providing food and drink in cafés, snack bars, kiosks, fast-food restaurants, canteens and restaurants located in service stations..