| Serial Number | 79371062 |
| Word Mark | VERTICAL SKY |
| Filing Date | Friday, January 6, 2023 |
| Status | 645 - FINAL REFUSAL - MAILED |
| Status Date | Tuesday, April 9, 2024 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | NOT AVAILABLE |
| Description of Mark | The mark consists of the wording "VERTICAL SKY" in stylized font superimposed across the center of an incomplete circle design. |
| Goods and Services | Electronic equipment and computer equipment for windmills, wind power plants, wind turbines and other wind-operated machines as well wind-powered electricity generators and electric accumulators, namely, electronic integrated circuits, computer hardware, computer peripheral equipment, electric converters, power inverters and batteries; energy storage units, namely, supercapacitors for energy storage, flywheel storage systems, compressed air energy storage (CAES) systems, and thermal energy storage tanks; control and monitoring equipment, including devices for automatically turning generators on and off and for automatic start-up after a power cut, namely, electrical controllers, electric control panels, control units for regulating start-up of electrical motors, magnetic encoders, programmable logic controllers, power supply systems and video monitors; lightning conductors; microprocessors and microprocessor-based hardware systems, in particular for controlling and monitoring constant voltage, frequency, phase conditions, rotor speed, control of the performance and thickness of brake linings, temperature, wind direction and wind speed; watt-hour meters; parts and accessories for the above-mentioned goods, namely, structural and replacement parts, battery chargers, electric cables and power connectors; downloadable and recorded software for operating, monitoring and automating wind power installations, namely, electricity generators, generators for wind turbines, windmills, wind power plants in the nature of wind-powered electricity generators, wind turbines and other wind-operated machines, namely, wind-powered electricity generators; downloadable and recorded software featuring algorithms for controlling wind power installations, namely, electricity generators, generators for wind turbines, windmills, wind power plants in the nature of wind-powered electricity generators, wind turbines and other wind-operated machines, namely, wind-powered electricity generators; downloadable and recorded software for machine learning, downloadable and recorded software using artificial intelligence for use in software development and machine learning; downloadable and recorded artificial intelligence and machine learning software for analysis; all the aforesaid products relating to windmills, wind power plants, wind turbines and other wind-operated machines as well as generators and energy storage systems, insofar as they relate to windmills, wind power plants, wind turbines and other wind-operated machines |
| Goods and Services | Apparatus for wind power installations, namely, electricity generators and generators for wind turbines, windmills, wind power plants in the nature of wind-powered electricity generators, wind turbines and other wind-operated machines, namely, wind-powered electricity generators; structural and replacement parts and accessories for the aforementioned products, namely, rotor blades, blade stands, housings for wind turbines, machine beds, rotation devices in the nature of rotary pumps, rotary blowers, rotary compressors, rotary bearings and gears; machines and machine parts, namely, electric motors for machines, bearings, bearing housings, cylinders, valves, switches, brakes, clamping tools, rotary pumps, electric fans, ventilators and blowers for motors and engines for adjusting the angle of wings, brakes and braking devices, main shafts, constant velocity joints, clutches and electric generators for adjusting the angle of wings, brakes and braking devices, main shafts, constant velocity joints, clutches and electric generators |
| Goods and Services | Construction and assembly services relating to the installation of electricity generators, generators for wind turbines, windmills, wind power plants in the nature of wind-powered electricity generators, wind turbines and other wind-operated machines, namely, wind-powered electricity generators; installation, maintenance, servicing and repair of windmills, wind power plants, wind turbines and other wind-operated machines; advice and information services relating to the aforesaid services |
| Goods and Services | Engineering and technical support relating to windmills and wind power projects and studies, namely, technical consulting in the field of environmental engineering, technical advice relating to operation of computers, technical support services in the nature of troubleshooting of industrial process control computer software problems; conducting scientific feasibility studies, conducting scientific feasibility studies in the field of environmental engineering and technical project planning services, namely, engineering services, technical data analysis, namely, electric meter data analysis, system control data analysis in the nature of system performance and security analysis for ensuring proper functioning of windmills and for protecting data and meteorological data analysis for others, technical testing and measuring services as well as conducting scientific experiments, all the aforesaid services in the field of wind mill and wind power projects, namely, material testing, testing of computer software, product safety testing, environmental testing, testing the functionality of apparatus and instruments in the nature of wind power installations, namely electricity generators, generators for wind turbines, windmills, wind power plants in the nature of wind-powered electricity generators, wind turbines and other wind-operated machines, namely, wind-powered electricity generators; technical consultancy in the field of design and development of a combination of energy supply systems; design and development of systems for regenerative energy production; development and technical inspection of windmills, wind power plants, wind turbines and other wind-operated machines, and components thereof, for third parties; technical research projects for third parties in the field of windmills, wind power plants, wind turbines and other wind-operated machines, namely, product research, material research in the nature of scientific research relating to materials and research in the field of materials science, scientific research, research on electricity and research on environmental engineering; consultancy and information services concerning the aforementioned services; providing software as a service (SaaS) services featuring software for use in wind power plant operation; design, development, maintenance and updating of software; design, development, maintenance and updating of software for controlling, regulating and monitoring wind energy systems; development and testing of algorithms and software; all the aforesaid services relating to windmills, wind power plants, wind turbines and other wind-operated machines as well as to generators and energy storage systems, insofar as they relate to windmills, wind power plants, wind turbines and other wind-operated machines |
| International Class | 007 - Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs. |
| US Class Codes | 021, 031, 019, 023, 034, 013, 024, 035 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, June 2, 2023 |
| Primary Code | 007 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 009 - Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire extinguishing apparatus. |
| US Class Codes | 021, 038, 026, 023, 036 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, June 2, 2023 |
| Primary Code | 009 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 037 - Building construction; repair; installation services. |
| US Class Codes | 103, 106, 100 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, June 2, 2023 |
| Primary Code | 037 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 042 - Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software. |
| US Class Codes | 100, 101 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, June 2, 2023 |
| Primary Code | 042 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Agile Wind Power AG |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 25 - NOT AVAILABLE |
| Address | CH |
| Event Date | Event Description |
| Tuesday, April 9, 2024 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Tuesday, April 9, 2024 | FINAL REFUSAL E-MAILED |
| Tuesday, April 9, 2024 | FINAL REFUSAL WRITTEN |
| Saturday, April 6, 2024 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Thursday, April 4, 2024 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Thursday, April 4, 2024 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Wednesday, October 25, 2023 | REFUSAL PROCESSED BY IB |
| Thursday, October 5, 2023 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Wednesday, October 4, 2023 | REFUSAL PROCESSED BY MPU |
| Monday, September 25, 2023 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Sunday, September 24, 2023 | NON-FINAL ACTION WRITTEN |
| Sunday, September 24, 2023 | ASSIGNED TO EXAMINER |
| Tuesday, June 6, 2023 | APPLICATION FILING RECEIPT MAILED |
| Friday, June 2, 2023 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Thursday, June 1, 2023 | SN ASSIGNED FOR SECT 66A APPL FROM IB |