The trademark was filed by Emovis, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on August 2, 2020, and received one opposition filed on October 29, 2020 by Polski Koncern Naftowy ORLEN S.A. on Likelihood of confusion. the opponent was represented by Kaczmarska, Monika and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 29, 2020
The application was filed in English, and English was also language of all opposition proceedings (Spanish was selected as the second language).
Change of name and professional address of the trademark registration was recorded on August 18, 2020.
Goods And Services
The mark was filed in class 9 with following description of goods:
Apparatus for recording, transmission and reproduction of sound or images
Autocalculating machines, data-processing equipment and computers
Computer memories, modems, interfaces
Data carriers, in particular optical or magnetic data carriers
Intercommunication apparatus, software, software packages related to telecommunications apparatus and telecommunications peripheral apparatus
Optical reading apparatus and instruments for encoded data
Electronic traffic telematics and trafficcontrol systems
Electronic toll and fee systems and installations
Software products related to telecommunications apparatus and telecommunications peripheral apparatus
Optical reading apparatus and instruments for encoded data
Electronic traffic telematics and trafficcontrol systems
Telecommunications control equipment, apparatus for storage, conversion, processing and transmission of data, information and signals
Optical reading apparatus and instruments for encoded data
Multimedia servers
Control and steering software
Scientific and technical software
Access identification systems
Video systems
Electronic pricing systems
Telecommunications equipment and installations, in particular for telephone, mobile radio, mobile telephone, data and computer networks
Cash registers
Computer programs and software
Terrestrial or satellite-supported position-locating and navigation apparatus
Electronic traffic telematics and trafficcontrol systems
Electronically controlled access barriers
Electronic video systems for object and symbol recognition and object tracking
Transponders, identification apparatus and cards for object identification and data documentation with transponders, transmitters, receivers, aerials, central processor units and communications units
Electronic toll and fee systems and installations
Electronic communication and charging apparatus for on-board vehicle operation (on-board units) for communication with electronic toll and fee systems and installations
Components and combinations of all the aforesaid goods
All of the aforesaid not related to charging stations for electric vehicles as well as filling stations.
The mark was filed in class 35 with following description of goods:
Commercial or industrial management assistance, consultancy relating to business information or enquiries, compilation of information, administrative consultancy in relation to the selection and use of computer and telecommunications and security equipment
Advertising
Business management services
Business consultancy and advisory services
Business administration
Office functions
Rental of office machines
Subscription services (for third parties) for tolling, electronic tolling on road or highways that allow access to the transportation infrastructures
Tolling subscription services
Assistance to the management of tolling and electronic tolling accounts (office work), creation of detailed statements of tolling transactions, assistance for the creation of conformity application filings
Subscription to rental services and tracking of floats (means of transport), through electronic, IT and satellite means
Business consultancy services in relation with production and implementation work in the fields of industry, telecommunications, analysis, programming, computer operation.
The mark was filed in class 36 with following description of goods:
Insurance
Financial affairs, monetary affairs and clearing (financial clearing), in particular for levying road tolls
Road toll settlement, for others
Real estate affairs.
The mark was filed in class 37 with following description of goods:
Installation services in relation with tolling equipment and system
Repair services of tolling equipment and system
Installation and maintenance of optical and electronic apparatus and devices, telecommunications, computers
All of the aforesaid not related to charging stations for electric vehicles as well as filling stations.
The mark was filed in class 38 with following description of goods:
Telecommunications services provided by multi-service business networks
Secure messaging systems
Data transmission services accessible by access code or by terminals
Interconnection of networks for businesses
Consultancy and advisory services in the field of telecommunications for tolling infrastructure and services.
The mark was filed in class 42 with following description of goods:
Design and development of computer systems
Design and development of high speed equipment for public network operators and companies
Engineering relating to applications on large and medium-sized computer systems, software engineering, engineering in the field of computer management and information management, assistance with operating and supervising computer networks
Consultancy and technical advice in the field of computing
Development of communications systems for air traffic control, network engineering
Design or implementation in the field of telecommunications and computer analysis, programming and operation, interconnected information systems (the Internet, extranets, intranets)
Installation and maintenance of computer programs
Installation services in relation with tolling software
Repair services of tolling software
Computer infrastructure management, IT infrastructure business security consultancy, payment card information (PCI) and information security, IT infrastructure organization consultancy.