Opposition by Simec Zen Energy Pty Ltd to extension of protection under regulation 17A.33 of the Trade Marks Regulations 1995 (Cth) of trade mark number 1898410 (International Registration number 1383684) (classes...

[2021] ATMO 108

TRADE MARKS ACT 1995

DECISION OF A DELEGATE OF THE REGISTRAR OF TRADE MARKS WITH REASONS

Re:Opposition by Simec Zen Energy Pty Ltd to extension of protection under regulation 17A.33 of the Trade Marks Regulations 1995 (Cth) of trade mark number 1898410 (International Registration number 1383684) (classes 9 and 42) – Zen HQ – in the name of Zen Ecosystems IP Pty Ltd

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Opposition by Simec Zen Energy Pty Ltd to registration under section 52 of the Trade Marks Act 1995 (Cth) of trade mark number 1909870 (classes 35 and 42) ­– ZEN ECOSYSTEMS – in the name of Zen Ecosystems IP Pty Ltd

-and-

Opposition by Simec Zen Energy Pty Ltd to registration under section 52 of the Trade Marks Act 1995 (Cth) of trade mark number 1951319 (class 9) ­– ZEN AIR – in the name of Zen Ecosystems IP Pty Ltd

Delegate:

Adrian Richards

Representation:

Opponent: Hall & Wilcox

Applicant/Holder: David Franklin

Decision:

2021 ATMO 108

Trade Marks Act 1995 (Cth) and Trade Marks Regulations 1995 (Cth) –two oppositions to registration under section 52 and an opposition to extension of protection under regulation 17A.33 – grounds of opposition under sections 42(b), 44, 58 and 60 nominated – no evidence in support filed – sections 42(b), 58 and 60 unsupported so not established – section 44 considered and not established – trade marks to proceed to registration/extension of protection

Background

1. This is a disagreement between two users, or intended users, of trade marks that contain or consist of the three-letter word ‘zen’. The setting is the opposition to registration (in one case, extension of protection) of three trade marks—one notified to the Registrar of Trade Marks by the International Bureau of the World Intellectual Property Organisation under the Madrid Protocol,[1] and two Australian trade mark applications (filed directly with this office). The former is thus an international registration designating Australia (‘IRDA’).[2]

   [1] Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, opened for signature 27 June 1989, [2001] ATS 7 (entered into force 1 December 1995).

   [2] The procedure and law for Australian trade mark applications and IRDAs are mirrored in all material respects. As such, to keep my discussion as simple and clear as possible, throughout these reasons, except where precision is necessary, I refer to all three as though they were filed directly with this office.

2. Zen Ecosystems IP Pty Ltd (‘Applicant’) is holder of IRDA number 1898410 (international registration number 1383684) and applicant for registration of trade mark numbers 1909870 and 1951319. I refer to these three pending applications together as the ‘Applications’. Brief details of the Applications follow, with full specifications of each in the Annex to this decision:

   Number:             1898410

   Trade mark:       Zen HQ

   Priority date:     14 November 2017

Number:             1909870

Trade mark:       ZEN ECOSYSTEMS

Priority date:     27 February 2018

Number:             1951319

Trade mark:       ZEN AIR

Priority date:     27 August 2018

1. The Applications were advertised as having been accepted for possible registration/extension of protection in February and March 2019. In April and May 2019, Simec Zen Energy Pty Ltd (‘Opponent’) filed notices of intention to oppose registration/extension of protection. Soon after, the Opponent filed statements of grounds and particulars. The Applicant then filed notices of intention to defend each opposition. With these initial steps complete, the three oppositions were ready for the filing of written evidence. The parties jointly sought and obtained a cooling-off period of six months, effectively placing all three oppositions on hold.

2. When the cooling-off period ended this office gave the Opponent an opportunity to file evidence in support of its opposition, and it filed nothing. This office then gave the Applicant an opportunity to file evidence in answer to the matter in the statements of grounds and particulars. The Applicant advised this office that it would not file evidence. The evidence stages now complete, this office advised the parties these three oppositions were at a stage to be heard. Neither party sought a hearing, but later the Applicant requested that a decision issue in all three oppositions.

3. The oppositions were allocated to me to decide based on the relevantly filed material mentioned above, which I detail as necessary in my discussion of the grounds to follow.

Grounds and onus

1. In each opposition, the Opponent has alleged grounds of opposition exist under ss 42(b), 44, 58 and 60.[3] The onus is on the Opponent to show, on the balance of probabilities, that any one of those grounds are established.[4] The rights of the parties are assessed as they were at the respective priority dates of the opposed trade marks.[5]

   [3] Each reference to a section or regulation in these reasons is a reference to a section of the Trade Marks Act 1995 (Cth) or regulation of the Trade Marks Regulations 1995 (Cth).

   [4] Pfizer Products Inc v Karam (2006) 219 FCR 585, 587-94 [6]-[26] (Gyles J); Telstra Corporation Limited v Phone Directories Company Pty Ltd (2015) 237 FCR 388, 420 [133] (Besanko, Jagot and Edelman JJ).

   [5] Southern Cross Refrigerating Co v Toowoomba Foundry Pty Ltd (1954) 91 CLR 592, 595 (Kitto J).

2. As alluded above, the Opponent led no evidence of use of its own trade mark(s). All it has filed in this regard are a series of unsupported assertions in the statements of grounds and particulars. This is fatal to its claims under ss 42(b), 58 and 60, which require the Opponent establish use of some other trade mark from earlier than the relevant priority date. As such, the Opponent has failed to establish these grounds for all of the oppositions, and the only ground I must consider in any detail is s 44.

3. At several points in the discussion that follows I reach a point where the Opponent has raised an arguable issue but, due to an absence of relevant information, I have been unable to conclude in its favour. In assessing whether goods and services are similar or closely related it is often necessary to have some insight into the relevant industries. The Opponent has neither attempted to introduce relevant facts into the proceedings nor make any argument on these issues. It would be improper for me to attempt to seek out that information on any one party’s behalf. The burden of persuasion on such arguable points as these falls to the Opponent, so I have given the benefit of my doubt, on each occasion that arose, to the Applicant.

Discussion

1. To establish a ground of opposition under s 44, there must be an earlier-filed trade mark in the name of someone other than the Applicant. That earlier mark must be at least deceptively similar to, and for goods/services similar or closely related to, the impugned mark.

Similarity of goods and similarity of services

1. To evaluate whether some goods are similar to other goods (or services similar to services) is an enquiry into their respective nature, use and trade channels.[6] For the most part, there is a significant dissimilarity of goods and services between the selection claimed in each of the Applications and the specifications of each of the nine earlier marks nominated by the Opponent.[7] This issue decides almost every facet of these oppositions in favour of the Applicant.

   [6] Re Application by Jellinek (1946) 63 RPC 59, 70 (Romer J).

   [7] The full specifications of each of the Applications and the nine earlier marks are set out in the Annex to these reasons.

2. A great deal of the dissimilarity stems from the apparently different fields in which the parties operate. The Applicant seeks registration for goods and services largely in relation to heating, ventilation and air conditioning, while the Opponent has six earlier registrations claiming goods and services mostly concerned with energy collection, generation, storage and regulation.[8] Two of the Opponent’s registrations, 1467482 and 1467486, include claims for water heating, but this is unlikely to be similar to Applicant’s claims in class 9 that relate to climate control systems—the Applicant’s goods heat air, not water. There are, however, certain claims in the Opponent’s 1467486 that appear to encompass heating air:

   Solar collectors (heating); solar collectors for heating;…solar energy powered heating apparatus; solar energy powered heating installations; solar heating apparatus; solar heating installations; solar heating panels; solar panels for use in heating; supports adapted for use with solar heating tubes; thermal storage apparatus (solar energy) for heating; thermal storage instruments (solar energy) for heating…

   [8] Registered trade mark numbers 1177981, 1177984, 1449005, 1467482, 1467486 and 1474107.

3. At first blush these broader claims appear to conflict with the Applicant’s claims in 1898410 and 1951319 to ‘climate control systems…’. But upon a closer reading of the Applicant’s claims, this apparent similarity dwindles. The relevant claim in 1898410 is:

   Climate control systems consisting of digital thermostats, air conditioning, heating, ventilation and drying control devices, and a programmable logic controller (PLC) with input and output features for temperature and humidity, which works with a remote digital read out controller

And the relevant claim in 1951319 is:

Climate control systems consisting of digital thermostats, air conditioning, heating, ventilation and drying control devices, and programmable logic controllers

1. These are specific claims to complex systems that integrate several components which together control an indoor environment—air flow, temperature and humidity. This stands in contrast to the qualified claims of the Opponent, which cover a variety of solar heating apparatus and accessories. I think on balance these claims are dissimilar. In reaching this finding, for the reasons mentioned earlier, I have given the benefit of my own doubts to the Applicant.

2. The second to nearest are the Applicant’s claims in 1898410 and 1951319 to ‘downloadable mobile applications for control and monitoring of energy use in residential and commercial buildings…’and the Opponent’s claims in 1474107 to ‘devices for measuring energy…energy control devices…electric mains monitoring apparatus…electric monitoring apparatus’. While both sets of claims relate to energy control and monitoring, the Applicant’s takes the form of software and the Opponent’s are for physical objects, ‘apparatus’ and ‘devices’. Again, the lack of evidence and submissions here, particularly from the Opponent, provides no guidance as to how near these goods might be considered in the relevant field. These respective goods, ostensibly similar in use, are neither obviously similar in nature nor in the channels in which they might be sold. With little more than the names of these goods to go on, on balance, I am not satisfied they are similar.

3. The Opponent has also nominated three trade marks in the names of third parties for consideration under this ground.[9] The earliest of those, 1006625, is registered for many goods that are dissimilar to anything claimed in the Applications: computer hardware and peripherals, audio and video players and recorders, modems and remote controls. The nearest its specification approaches those of the opposed marks are its claims to computer software, but those are limited to improving sound quality and for use in audio components. This contrasts with the Applicant’s claims to ‘…mobile applications for control and monitoring of energy use…’ in 1898410 and 1951319. For 1260140 the sole claim is ‘computer software used in the development, analysis, optimization, administration, creating computer code in applications, and management of other computer software’. That type of software strikes as rather distant from software for monitoring and controlling energy use. On the other hand, 1188489 includes an unqualified claim to computer software. This is broad enough to span any mobile application claim, such as those in 1898410 and 1951319.

   [9] Registered trade mark numbers 1006625, 1188489 and 1260140.

4. None of the services claimed are similar. The Opponent’s services all relate to installation of energy generation systems and advice in relation to operation and installation of same, while the Applicant’s claims focus on monitoring and managing energy usage, heating, lighting, air conditioning and the like.

5. To sum up at this point, I have found one of the marks nominated by the Opponent (1188489) touches on an aspect of the claims in two of the applied for trade marks (1898410 and 1951319). I return to considering whether those marks are substantially identical or deceptively similar further below. For now, I turn to whether any of these claims outlined above, and set out in full in the Annex, are closely related.

Closely related goods and services

1. A helpful starting point when assessing whether any specific good is closely related to a specific service is to ask whether the service is ‘performed directly upon or by means of the goods?’[10] Plainly then, the indoor environmental control systems described in the Applications are not closely related to the Opponent’s installation of, and advice on, energy generation systems. But the ‘mobile applications for control and monitoring of energy use’ claimed in 1898410 and 1951319 might be used when performing these services. The next question to ask is whether these goods and services are ‘generally regarded by the ordinary consumer as originating in, or being part of, the one industry or trade, or, a closely related industry?’[11] I have little insight into this issue due to the lack of information, particularly from the Opponent. There is at least one aspect of the information on hand pointing in the opposite direction: the Opponent has not claimed such software in relation to any of its own trade marks (its own claims to software, as with most of its claims, being directed to energy generation). Scant as this may be, on the preponderance of evidence (or rather, lack of evidence) the Opponent has not discharged its burden.

   [10] Aussat Pty Ltd (1993) 27 IPR 309, 311 (Hearing Officer Thompson).

   [11] Ibid.

2. There is but one claim that on its face supports a finding of closely related goods and services. The Applicant’s claims in 1898410 and 1909870 to ‘[s]oftware as a service (SAAS) services featuring software for control and monitoring of energy use…’ is closely related to the broad claim in 1188489 to ‘Computer software…’

3. There are goods among other marks nominated by the Opponent that may be closely related to the Applicant’s software as a service claims. This arises from the Applicant’s use of the word ‘featuring’ in these claims, which suggest that its software may not be solely concerned with ‘control and monitoring of energy use’. There are a variety of narrow claims to specialised software among the earlier marks. Software for audio applications in 1006625, software for development of computer code in 1260140, and software for energy generation and supply in 1177981, 1177984, 1449005 and 1474107. Thus, if the Applicant’s claims were afforded a broad construction, they may start to cover off the more specific claims I have just mentioned. To decide how the Applicant’s claims ought to be read, it is useful to look to the wording of the claim and its context. The full claims at issue are set out below:

   1898410:Software as a service (SAAS) services featuring software for control and monitoring of energy use in residential and commercial buildings, including control and monitoring of thermostats, lighting, environmental and infrastructure sensors to ensure proper functioning

   1909870:software as a service (SAAS) services featuring software for control and monitoring of energy use in HVAC, lighting and refrigeration systems, including control and monitoring of thermostats, lighting, environmental and infrastructure sensors

4. Each of these is a rather long list of features that the respective software will include. It does not appear likely that such software would stray far beyond the genus of heating, cooling and lighting buildings. I consider these claims on their own terms demand a narrow reading. Therefore, the various specific claims to software in 1006625, 1260140, 1177981, 117984, 1449005 and 1474107 are not closely related to the Applicant’s software as a service claims.

5. There may have been other areas of potential close relation that I have missed, but the Opponent’s failure to engage with the oppositions it alone decided to commence leaves me wondering about the nature of the relevant industries. For example, the Applicant’s quite broadly worded claims in 1909870 to ‘energy auditing services’ could be closely related to the Opponent’s claim in 1474107 to ‘devices for measuring energy’. That is, it seems plausible that such devices might be used in an energy audit, but I have been given no information on which to base a finding to that effect.

6. For this stage of the s 44 analysis there is just one prior mark, 1188489, with goods that are closely related to the services claimed by two of the Applications, 1898410 and 1909870. With that finding in mind, I move on to similarity of the marks.

Substantial identity or deceptive similarity

1. The same mark, 1188489, came that up in each of the sections above due to its broadly worded claim to ‘software’. This conflicts with aspects of the claims in each of the Applications. The representation of this earlier mark is the plain word ZEND. Thus the marks to be compared are:

   ZEND / Zen HQ

   ZEND / ZEN ECOSYSTEMS

   ZEND / ZEN AIR

2. When comparing ZEND on the one hand and each of Zen HQ, ZEN ECOSYSTEMS or ZEN AIR on the other, the marks so differ in idea,[12] look and sound[13] that it is plain they are not deceptively similar (nor, it follows, can they be substantially identical). ZEND presents as a coined word with no meaning. As such it could be pronounced any number of ways, and could be one or more syllables. For example ‘zend’ (rhyming with ‘send’), ‘zed end’, ‘zee end’ or ‘zen dee’ are all possible. For the three marks in the Applications, the first word of each is the common English loanword ‘Zen’, with might refer to the Buddhist school or, as an adjective, to a state of serenity. Given the nature of many of the Applicant’s claims, I suspect it seeks to allude to the latter. It is a word in the dictionary which is both instantly recognisable and has a definite pronunciation (that is, one syllable, rhymes with ‘pen’). On those differences alone I would be comfortable finding these marks not deceptively similar, but on top of this, each of the applied for marks terminate in a second word (or, in the case of Zen HQ, a second element).

Conclusion on s 44

[12] Jafferjee v Scarlett (1937) 57 CLR 115, 121 (Latham CJ, McTiernan J agreeing at 126).

[13] Re Application by Pianotist Co Ltd (1906) 1A IPR 379, 380 (Parker J).

1. None of the earlier marks nominated by the Opponent form a basis for this ground of opposition. Eight of them claim dissimilar goods and/or services. For the one with similar/closely related goods, the mark itself is not similar enough to those in the Applications to enliven this ground. The Opponent has failed to establish the s 44 ground of opposition.

Decision

1. The Opponent has not established any ground of opposition to registration of the Applications. My decision is to register all three trade marks. They shall proceed to registration (and in the case of the IRDA 1898410, extension of protection) one month from the date of this decision. If the Registrar of Trade Marks is served with a notice of appeal to my decision before one or more of these trade marks are registered (or extension of protection), that registration (or extension of protection) should not occur until the relevant appeal has been withdrawn or discontinued. Otherwise, the disposition of this opposition should be in accordance with the Court’s order or direction.

Costs

1. The Opponent sought an award of costs. It is usual for costs to follow the event, and I am not aware of a reason to divert from that approach. It is also usual in matters that are decided together for the delegate to consider whether any reduction in costs is appropriate. A typical approach is to reduce the amounts for subsequent matters in relation to the filing and perusal of similar evidence, and for preparation for hearing. Since no evidence was filed and no hearing heard, no reduction along those lines seems appropriate. As such, I award costs in the scale set out in the costs schedule[14] against the Opponent in all three oppositions.

   [14] Trade Marks Regulations 1995 (Cth) sch 8.

Adrian Richards

Hearing Officer

Delegate of the Registrar of Trade Marks

27 September 2021

Annex – full specifications

Applications

1898410:             Zen HQ

Class 9:Climate control systems consisting of digital thermostats, air conditioning, heating, ventilation and drying control devices, and a programmable logic controller (PLC) with input and output features for temperature and humidity, which works with a remote digital read out controller; thermostats; downloadable mobile applications for control and monitoring of energy use in residential and commercial buildings, including control and monitoring of thermostats, lighting, environmental and infrastructure sensors

Class 42:Software as a service (SAAS) services featuring software for control and monitoring of energy use in residential and commercial buildings, including control and monitoring of thermostats, lighting, environmental and infrastructure sensors to ensure proper functioning; technical support services, namely, installation, administration, and troubleshooting of SAAS (software as a service), web and database applications

1909870:ZEN ECOSYSTEMS

Class 35:Wholesaling and retailing of thermostats, computer software, and apparatus for energy management of HVAC, lighting and refrigeration; management of energy services in relation to HVAC, lighting and refrigeration systems; provision of information and advisory services in relation to all of the aforesaid services

Class 42:Services relating to monitoring and managing energy consumption; energy usage monitoring and management services; energy auditing services; information, consultancy and advisory services relating to the use of energy, energy usage management, energy efficiency, and energy conservation; recording of data relating to energy usage and consumption; technological services relating to the environment of buildings, lighting control and monitoring systems for HVAC, lighting and refrigeration systems; diagnostic services relating to energy management; software as a service (SAAS) services featuring software for control and monitoring of energy use in HVAC, lighting and refrigeration systems, including control and monitoring of thermostats, lighting, environmental and infrastructure sensors; computer programming services and programming and updating of software in relation to the aforesaid; technical support services, including installation, administration, and troubleshooting of software as a service (SAAS), and web and database applications; remote monitoring of thermostats, lighting, refrigeration, and environmental and infrastructure sensors; research, design, and development services in relation to all of the aforesaid services

1951319:ZEN AIR

Class 9:Climate control systems consisting of digital thermostats, air conditioning, heating, ventilation and drying control devices, and programmable logic controllers; thermostats; computer software and downloadable mobile applications for control and monitoring of energy use in residential and commercial buildings, including control and monitoring of thermostats, lighting, environmental and infrastructure sensors

Opponent’s earlier registrations

1177981:             

Class 7:Apparatus for energy generation including apparatus for generation of energy from renewable sources; modular components for generating energy from renewable sources; wind turbines; generators including electricity generators generating electricity from renewable sources

Class 9:Solar panels, batteries, electrical inverters; electrical inverters adapted for interfacing energy generation systems and apparatus with conventional energy supply and delivery; electrical and electronic control systems for electricity generation systems; display apparatus including display apparatus for energy generation systems; computer software for control and optimisation of electricity generation systems; monitoring systems for energy generation systems for homes or businesses; and measurement systems for energy generation systems for homes or businesses

Class 37:Installation of energy generation systems including renewable energy generation systems that include modular electrical generation systems for homes or businesses including modular components for generating energy from renewable sources; installation of modular components for generating energy from renewable sources; installation of wind turbines, solar panels, generators, batteries, electrical inverters and apparatus for generation of energy from renewable sources; installation of electrical inverters adapted for interfacing energy generation apparatus with conventional energy supply and delivery apparatus; installation of electrical and electronic control systems for electricity generation systems; installation of display systems for display of electricity generation systems; and advice on installation and operation of energy generation systems

1177984:ZEN

Class 7:Apparatus for energy generation including apparatus for generation of energy from renewable sources; modular components for generating energy from renewable sources; wind turbines; generators including electricity generators generating electricity from renewable sources

Class 9:Solar panels, batteries, electrical inverters; electrical inverters adapted for interfacing energy generation systems and apparatus with conventional energy supply and delivery; electrical and electronic control systems for electricity generation systems; display apparatus including display apparatus for energy generation systems; computer software for control and optimisation of electricity generation systems; monitoring systems for energy generation systems for homes or businesses; and measurement systems for energy generation systems for homes or businesses

Class 37:Installation of energy generation systems including renewable energy generation systems that include modular electrical generation systems for homes or businesses including modular components for generating energy from renewable sources; installation of modular components for generating energy from renewable sources; installation of wind turbines, solar panels, generators, batteries, electrical inverters and apparatus for generation of energy from renewable sources; installation of electrical inverters adapted for interfacing energy generation apparatus with conventional energy supply and delivery apparatus; installation of electrical and electronic control systems for electricity generation systems; installation of display systems for display of electricity generation systems; and advice on installation and operation of energy generation systems

1449005:ZEN FREEDOM POWERBANK

Class 9:Batteries for storage of electricity generated by renewal energy generation systems; battery arrays for storage of electrical power; battery systems being electrical power receiving and storage systems and apparatus, and electrical energy conversion and inverter apparatus, battery power regulation apparatus, battery power distribution apparatus; electrical energy inverters adapted for interfacing energy generation and storage systems with mains energy supply and delivery system; electrical energy converters to convert stored electrical energy into mains electrical energy; electrical and electronic control systems for electricity generation and energy supply systems; display apparatus for energy generation and energy supply systems; computer software for control and optimisation of electricity generation and energy supply systems; monitoring systems for energy generation and energy supply systems for homes or businesses; and measurement systems for energy generation and energy supply systems for homes or businesses; all of the foregoing being and related to energy supply systems for homes or businesses and none of the above being storage batteries or parts thereof for vehicles

1467482:ZEN

Class 11:Solar energy collectors for heating potable water and pool water; supports adapted for use with solar heating tubes; apparatus for water heating supplementary to solar water heating arrangements; electrically heated hot water tanks; gas fired water heaters; water heating installations; installations for the heating of water

1467486:             

Class 11:Solar collectors (heating); solar collectors for heating; solar energy collectors for heating potable water and pool water; solar energy powered heating apparatus; solar energy powered heating installations; solar heating apparatus; solar heating installations; solar heating panels; solar panels for use in heating; supports adapted for use with solar heating tubes; thermal storage apparatus (solar energy) for heating; thermal storage instruments (solar energy) for heating; apparatus for water heating supplementary to solar water heating arrangements; electrically heated hot water tanks; gas fired water heaters; water heating installations; installations for the heating of water; evacuated heat pipe solar collectors (heat exchangers)

1474107:

Class 9:Apparatus for managing energy supplies; devices for measuring energy; devices for switching over energy tariffs; electrical apparatus (other than generators) for use in energy supply; energy control devices; energy regulators; solar energy collectors for electricity generation; solar energy operating apparatus; thermal energy measuring apparatus; apparatus for charging accumulator batteries; electric apparatus for charging batteries; electric storage batteries; electrical storage batteries; grids for batteries; high tension batteries; power sources (batteries); power supply devices (batteries); power supply devices for battery chargers; power supply units (batteries); power units (batteries); solar batteries; solar batteries for domestic use; solar batteries for industrial use; storage batteries (electric); application software for monitoring, managing and controlling energy generation, storage and supply in particular electric and electrical energy; industrial computer software programs for monitoring, managing and controlling energy generation, storage and supply in particular electric and electrical energy; industrial controls incorporating software; consoles for use with monitoring apparatus; electric mains monitoring apparatus; electric mains monitoring devices; electric monitoring apparatus; power generation monitoring apparatus; power line monitoring systems; process plant monitoring apparatus; electric power supplies (other than generators); electrical power supply apparatus (other than generators); electricity generating solar cells and panels; power installations (other than generators); power units for supplying (other than generating) electrical current; solar cells for electricity generation; solar collectors for electricity generation; solar energy collectors for electricity generation; solar panels for electricity generation; electrical apparatus for use in regulation; voltage conversion apparatus; electric inverters; electrical inverters; electricity inverters; inverters (electricity); power supply apparatus (batteries); computer software for monitoring, managing and controlling energy generation, storage and supply in particular electric and electrical energy.

Third party registrations nominated by the Opponent

1006625:             ZEN

zen

Class 9:Computer hardware; computer software to control and improve computer and audio equipment sound quality and computer software for the storage, reproduction, transmission and editing of sound, data, text, images, and video in computer audio components and multimedia applications; computer peripherals; digital audio players and recorders; digital image recorders and viewers; electronic audio and video components, including, sound systems comprised of receivers, amplifiers, tuners, sound mixers, equalizers, audio and video recorders and players, and radios; network interface and communication devices, including, modems, telephones, switches, routers, hubs and adapters; loudspeakers; remote controls; and manuals distributed therewith

1188489:ZEND

Class 9:Computer software, including computer software used with scripting language to create a more efficient and user-friendly web site development environment

1260140:XEN

Class 9:Computer software used in the development, analysis, optimization, administration, creating computer code in applications, and management of other computer software