The trademark fiber experts was filed by Fiber Experts Deutschland GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on May 29, 2024, and received one opposition filed on August 20, 2024 by Fiber T, S.A. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by Gomes, Rita and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 20, 2024
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 4 with following description of goods:
Fuels and illuminants
Electrical energy
Electrical energy from renewable sources
Electrical energy from non-renewable sources.
The mark was filed in class 6 with following description of goods:
Building and construction materials and elements of metal
Unprocessed and semi-processed materials of metal, not specified for use
Metal hardware
Doors, gates, windows and window coverings of metal
Structures and transportable buildings of metal
Statues and works of art of common metals
Containers, and transportation and packaging articles, of metal
Building materials and building elements, of metal, for use in the following fields: Laying and installation of fibre optic cables.
The mark was filed in class 7 with following description of goods:
Agricultural, earthmoving, construction, oil and gas extraction and mining equipment
Pumps, compressors and blowers
Industrial robots
Electricity generators
Moving and handling equipment
Machines and machine tools for treatment of materials and for manufacturing
Engines, powertrains, and machine parts, and controls for the operation of machines and engines
Dispensing machines
Gas engines
Gas turbines
Compressors for gases
Gas turbine engines
Compressors for gases
Gas converters
Gas-operated cutting torches
Gas turbine engines
Pressure multipliers for gases
Gas cutting machines
Filters for gases [machines]
Gas operated power generators
Steam engine boilers for power generation, other than for land vehicles
Internal combustion engines for power generation, other than for land vehicles.
The mark was filed in class 9 with following description of goods:
Recorded content
Information technology and audio-visual, multimedia and photographic devices
Magnets, magnetizers and demagnetizers
Scientific and laboratory devices for treatment using electricity
Apparatus, instruments and cables for electricity
Optical devices, enhancers and correctors
Safety, security, protection and signalling devices
Navigation, guidance, tracking, targeting and map making devices
Measuring, detecting, monitoring and controlling devices
Scientific research and laboratory apparatus, educational apparatus and simulators
Software
Mobile apps
Internet access software
Computer software downloaded from the internet
Wearable digital electronic devices capable of providing access to the Internet
Masts for wireless aerials
Computer software for the processing of positioning data
Computer software for the collection of positioning data
Computer hardware for the processing of positioning data
Interactive computer software that provides navigational and travel information
Measuring, detecting and monitoring instruments, indicators and controllers
Apparatus, instruments and cables for electricity
Fibre optic cables, Fiber optics
Cable harnesses
Cable modems
Cable connectors
Cable adapters
Cable locators
Cable detectors
Cable television transmitters
Electrical cabling
Energy regulators
Energy control devices
Ultracapacitors for energy storage
Supercapacitors for energy storage
Electric power distribution apparatus
Apparatus for improving power efficiency
Electric control devices for energy management
Photovoltaic apparatus for converting solar radiation to electrical energy
Gasometers [measuring instruments]
Gas sensors
Gas detecting apparatus
Gas alarms
Gas leak alarm systems
Gas flow meters
Gas flow monitors
Electrochemical gas sensors
Apparatus for generating gas for calibration purposes
Apparatus for monitoring gas consumption
Combustible gas concentration detectors
Alarms for the detection of inflammable gases
Apparatus for analysing gases
Radiotelephones
Radio antennas
Radio receiving tuners
Wireless locks
Radio direction finders
Radio transmitters
Remote control apparatus
Filters for radio interference suppression
Functional generators
Radio-frequency filters
Radio signal antennas
Radio receiving tuners
Functional generators
Radiotelegraphy sets
Radio-frequency components
Radio wave transmitting aerials
Radio-frequency power meters
Mobile radio transmitting apparatus
Mobile radio receiving apparatus
Radio frequency identification devices [transponders]
Radio transceivers
Broadband installations
Wireless broadband radios
Wind measurement apparatus
Wind pressure gauges
Wind measurement apparatus.
The mark was filed in class 11 with following description of goods:
Flues and installations for conveying exhaust gases
Sanitary installations, water supply and sanitation equipment
Burners, boilers and heaters
Lighting and lighting reflectors
Cooking, heating, cooling and preservation equipment, for food and beverages
Filters for industrial and household use
Industrial treatment installations
Gas cleaners and purifiers
Industrial ovens and furnaces (not for food or beverages)
Chemical processing equipment
Personal heating and drying implements
Drying installations
Refrigerating and freezing equipment
Regulating and safety accessories for water and gas installations
Heating, ventilating, and air conditioning and purification equipment (ambient)
Air treatment equipment
HVAC systems (heating, ventilation and air conditioning)
Igniters
Heat pumps for energy processing
Gas fuelled central heating installations
Gas boilers for central heating
Gas boilers for water heating
Gas burners for industrial purposes
Installations for the collection of gases
Air conditioning for data processing rooms.
The mark was filed in class 16 with following description of goods:
Works of art and figurines of paper and cardboard, and architects' models
Decoration and art materials and media
Arts, crafts and modelling equipment
Filtering materials of paper
Bags and articles for packaging, wrapping and storage, of paper, cardboard or plastics
Printed matter, and stationery and educational supplies
Writing and stamping implements
Office machines
Educational equipment
Printed books, magazines, newspapers, and other paper-based media
Photo albums and collectors' albums
Printed matter representing monetary value or for financial purposes
Printed matter
Photographs [printed]
Office requisites, except furniture
Instructional and teaching material (except apparatus).
The mark was filed in class 17 with following description of goods:
Flexible pipes, tubes, hoses and fittings therefor (including valves), and fittings for rigid pipes, all non-metallic
Rubber sheathing for gas lines for protection against salt water corrosion
Seals (Non-metallic -) for preventing leakage of gases
Flexible tubes (Non-metallic -) for the conducting of gaseous media
Semi-processed or unprocessed goods, namely Polyester, mineral fibres, elastomers and resin in extruded form and finished goods and semi-finished goods for insulation, damping, sealing and for the prevention of gas and liquid discharge.
The mark was filed in class 19 with following description of goods:
Building and construction materials and elements, not of metal
Railway materials, non-metallic
Rigid pipes and valves therefor, non-metallic
Building and construction materials and elements made of pitch, tar, bitumen or asphalt
Building and construction materials and elements made of sand, stone, rock, clay, minerals and concrete
Building and construction materials and elements made of wood and artificial wood
Structures and transportable buildings, not of metal
Signs, and information and advertising displays, non-metallic
Scaffolding, non-metallic
Construction materials and components, not of metal or Mainly not of metal, for use in the following fields: Laying and installation of fibre optic cables
Including the aforesaid goods being parcels for builders
Power poles and Posts for electric power lines, not of metal
Ducts made of plastics for trunking pipes for gases.
The mark was filed in class 35 with following description of goods:
Advertising, marketing and promotional services
Consumer information
Business assistance, management and administrative services
Business analysis, research and information services.
The mark was filed in class 36 with following description of goods:
Financial, monetary and banking services
Investment services
Financial information, data, advice and consultancy services
Financial planning for the construction and operation of facilities for telecommunications, namely of broadband networks, the supplying of residential facilities with telecommunications services including television and radio programmes, digital programme packages, internet, voice communication and for recording and transmission of consumption data
Consultancy concerning financing of energy projects
Financial consultancy in the energy sector
Brokerage of financial investments in energy companies.
The mark was filed in class 37 with following description of goods:
Building, construction and demolition
Rental of tools, plant and equipment for construction, demolition, cleaning and maintenance
Excavation services, and extraction of natural resources
Cleaning services
Plumbing installation, maintenance and repair
Installation, repair and maintenance of telecommunications networks
Installation, maintenance and repair of telecommunications equipment
Installation, maintenance and repair of the following goods: Telecommunications hardware
Advisory services relating to the installation of communication equipment
Wiring and equipping of buildings for telecommunications transmission
Repair or maintenance of telecommunication machines and apparatus
Installation, repair and maintenance of computer and telecommunications hardware
Updating of computer networking and telecommunications hardware
Installation of wireless telecommunications equipment and wireless local area networks
Computer hardware and telecommunication apparatus installation, maintenance and repair
Providing information relating to the repair or maintenance of telecommunication machines and apparatus
Installation of hardware for Internet access
Installation of cables for Internet access
Installation of hardware and cables for Internet access
Installation and maintenance of hardware for computer networks and Internet access
Installation, maintenance and repair of computer network and information technology equipment
Information technology consultancy relating to installation, maintenance and repair of computer hardware
Application of sheathing to optical fibres
Oil and gas drilling
Installation of gas pipelines
Repair of gas supply systems
Installation of gas supply and distribution apparatus
Extraction of gas
Oil and gas drilling
Installation of gas pipelines
Repair of gas supply systems
Drilling of deep oil or gas wells
Plumbing and gas and water installation
Installation of gas and water pipelines
Installation of pipe systems for conducting of gases
Maintenance and repair of gas turbines
Construction of oil and gas storage installations
Beneath ground construction work relating to gas supply pipes
Beneath ground construction work relating to gas supply mains
Maintenance and repair of gas and electricity installations
Maintenance and repair of oil and gas storage installations
Laying of fibre optic cables and broadband technology for telecommunications services
Maintenance and repair of pipelines
Installation of energy-saving apparatus
Repair of energy supply installations
Power infrastructure construction
Construction of geothermal energy installations
Maintenance and repair of energy generating installations
Repair of energy production plants and machines
Installation of electric light and power systems
Laying of cable
Laying of cable
Mains laying
Maintenance and installation of power generating apparatus and installations
Maintenance, repair and installation of power generating apparatus and installations
Installation of electrical and generating machinery
Maintenance and repair of gas and electricity installations
Planning and control of fibre optic infrastructure projects.
The mark was filed in class 38 with following description of goods:
Telecommunication services
Provision and rental of telecommunications facilities and equipment
Broadcasting services
Telephone and mobile telephone services
Computer communication and Internet access
Wireless broadband communication services
Provision of broadband telecommunications access
Operation of wide-band telecommunications networks
Telecommunications, in particular news agency services by fax, telex, telephone, telegram, email, transmission and relaying services for data, speech and video signals, including the aforesaid services for transmission on the Internet
Data acquisition in the field of telecommunications
Provision of broadband telecommunications access
Operation of wide-band telecommunications networks
Broadband radio communication services
Diffusion of radio and television programs
Rental of apparatus for telecommunications and for sending and retrieving data and messages
Technical transmission of radio and television programmes, video-on-demand programmes, near video-on-demand programmes, on-line information services, home banking services, home shopping services, screen telephone services, tele-working services, tele-learning services, tele-teaching services, tele-medical services, video games and interactive television and computer services
Data transmission services between networked computer systems
Leasing access time to a computer database and to data networks, Rental of access times to telephone networks
Rental of access time to data networks and databases, Rental of access times to telephone networks
Providing telephone connections, mobile telephone connections and ISDN connections and Arranging access to computer networks
Providing of access to the internet via conduits and cables.
The mark was filed in class 39 with following description of goods:
Distribution by pipeline and cable
Distribution of energy
Electricity distribution
Gas supplying [distribution]
Pipeline transport of gases
Pipeline transport of gases
Distribution of gas
Information and advisory services in relation to the distribution of energy
Electricity distribution
Electricity distribution via cables
Electricity distribution via cables
Gas storage services
Transmission of oil or gas through pipelines
Electricity supply and distribution
Supply of electricity
Leasing the use of power lines to third parties for the transmission of electricity.
The mark was filed in class 40 with following description of goods:
Custom manufacture and assembly services, in relation to the following goods: Electricity, gas and internet conduits
Energy production
Printing, and photographic and cinematographic development
Duplication of audio and video recordings
Air and water conditioning and purification
Rental of equipment for the treatment and transformation of materials, for energy production and for custom manufacturing
Generation of power
Electricity generating
Gas production services
Gas production services
Processing of gas and oil
Gas production services
Generation of gas and electricity.
The mark was filed in class 41 with following description of goods:
Publishing, reporting, and writing of texts
Education, entertainment and sport services
Providing of training in the field of information technology and telecommunications
Film production services, Production of radio and television programmes
Correspondence courses, providing of courses and training sessions, specifically, in relation to the followings fields: telecommunications, Data processing, Message transmission services, Transmission of data, Multimedia applications
Renting and Rental services, in relation to the following goods: television films, Films on videotape, Cinematographic apparatus and Film playing apparatus
Arranging of conferences, online conferences, symposia and colloquiums.
The mark was filed in class 42 with following description of goods:
IT services
Science and technology services
Engineering services
Testing, authentication and quality control
Design services
Software development, programming and implementation
Providing platforms on the Internet
Hosting services, software as a service, and rental of software
Data duplication and conversion services, data coding services
Testing, authentication and quality control
Science and technology services
Information technology consulting
Information technology [IT] consultancy
Computer and information technology consultancy services
Engineering services relating to information technology
Information technology consulting
Research in the field of information technology
Services of an internet platform provider, namely the development and providing of internet platforms, providing visual platforms for visitors using webcam and video technologies, providing internet forums on the internet, installing webpages on the internet, creating homepages for the internet, creating, planning and design of internet homepages, design of internet pages
Research in the field of telecommunications technology
Programming of telecommunications software
Analysis of telecommunication signals
Monitoring of telecommunication signals
Computer programming for telecommunications
Provision of technical consultancy (advice) in the field of telecommunications
Design and development of telecommunications networks
Design of telecommunications apparatus and equipment
Design of telecommunications apparatus and equipment
Telecommunications engineering consultancy
Telecommunications engineering
Research in the field of telecommunications technology
Certification services of data transmitted via telecommunications
Certification services of messages transmitted via telecommunications
Technical design and planning of telecommunications networks
Testing, analysis and monitoring of telecommunication signals
Telecommunications technology consultancy
Authentication services (control) of data transmitted via telecommunications
Authentication services (control) of messages transmitted via telecommunications
Design and planning services relating to telecommunication equipment
Telecommunication network security consultancy
Technical design and planning of telecommunications equipment
Engineering services relating to gas transport and supply systems
Engineering services for the gas industry
Exploration of gas and oil
Exploration and searching of oil and gas
Development of power assemblies
Design and development of energy distribution networks
Development of energy and power management systems
Research in the field of magnetohydrodynamic power generation technology
Rental of load banks for testing electrical power sources
Consultancy relating to technological services in the field of power and energy supply
Technological analysis relating to energy and power needs of others
Research in the field of nuclear energy power generation technology
Engineering services in the field of electrical power and natural gas production
Design and development of computer equipment
Expert consultancy services in connection with computing equipment
User authentication, Updating and Rental, in relation to the following goods: Computer software
Creating electronically stored information sites for computer networks, in particular pages for the internet (homepages)
Creating software for computer systems, in particular for use on telecommunications networks, and software for the transmission and archiving of sound, video and data on communications networks
Creation of control programs for telecommunications apparatus, Counselling, in relation to the following goods: Software for data processing installations, control programs for telecommunications apparatus.