The trademark V was filed by S+M GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on June 21, 2022, and received one opposition filed on September 20, 2022 by WeVee Technologies Ltd. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by HGF Europe LLP and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 20, 2022
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 35 with following description of goods:
Retail services, in relation to the following goods: automatic vending machines, Refrigerated and heated dispensers for beverages and food, other than vending machines, dispensers for stored value cards, vouchers of value and gift certificates, lottery tickets, printed matter, tokens of value, electronic payment cards, debit cards, other than vending machines, mechanisms for coin-operated, card-operated, token-operated and voucher-operated apparatus
Retailing for software for coin-operated, card-operated, token-operated and voucher-operated apparatus, monitoring apparatus, including surveillance cameras and apparatus and software for data collection, transmission, storage, processing and visualisation, and parts therefor and hardware and software for cashless and electronic payment processing
Rental, in relation to the following goods: automatic vending machines, Refrigerated and heated dispensers for beverages and food, other than vending machines, dispensers for stored value cards, vouchers of value and gift certificates, lottery tickets, printed matter, tokens of value, electronic payment cards, debit cards, other than vending machines, mechanisms for coin-operated, card-operated, token-operated and voucher-operated apparatus
Rental, in relation to the following goods: Surveillance apparatus, Cameras including surveillance cameras, Software for coin-operated, card-operated, token-operated and voucher-operated apparatus, hardware and software for data collection, transmission, storage, processing and visualisation, and parts therefor and hardware and software for cashless and electronic payment processing.
The mark was filed in class 36 with following description of goods:
Leasing of vending machines, refrigerated and heated dispensers for beverages and food (other than vending machines) and monitoring apparatus, including surveillance cameras
Rental of vending machines, refrigerated and heated dispensers for beverages and food (other than vending machines) and monitoring apparatus, including surveillance cameras
Payment transaction services
Bank card, credit card, debit card and electronic payment card services
Electronic funds transfer
Contactless payment services
Clearing services for payment transactions
Payment administration services.
The mark was filed in class 37 with following description of goods:
Installation, Assembly, Maintenance and fix, In relation to the following goods: automatic vending machines, Refrigerated and heated dispensers for beverages and food, other than vending machines, dispensers for stored value cards, vouchers of value and gift certificates, lottery tickets, printed matter, tokens of value, electronic payment cards, debit cards, other than vending machines, mechanisms for coin-operated, card-operated, token-operated and voucher-operated apparatus
Installation, assembly, maintenance and repair of electric components for coin-operated, card-operated, token-operated and voucher-operated apparatus
Providing of information for installing, assembling, maintaining and repairing automatic vending machines.
The mark was filed in class 38 with Data transfer, upon request and automatically, by means of telecommunications, including via cables, wireless, the internet and mobile telephones and Telephone communication services provided for hotlines and call centers..
The mark was filed in class 39 with following description of goods:
Filling and emptying of automatic vending machines, Filling and emptying of refrigerated and heated dispensers for beverages and food (other than vending machines), dispensers for stored value cards, vouchers of value and gift certificates, lottery tickets, printed matter, tokens of value, electronic payment cards, debit cards (other than vending machines)
Collection of money from vending machines
Monitoring of shipments for machines (transport information).
The mark was filed in class 42 with following description of goods:
Leasing of software for coin-operated, card-operated, token-operated and voucher-operated apparatus, hardware and software for data collection, transmission, storage, processing and visualisation, and parts therefor and hardware and software for cashless and electronic payment processing
Rental of software for coin-operated, card-operated, token-operated and voucher-operated apparatus, hardware and software for data collection, transmission, storage, processing and visualisation, and parts therefor and hardware and software for cashless and electronic payment processing
Hosting of data and communications platforms on the internet
Providing of electronic memory space on the internet and on servers
Drafting services, Development, Installation services, maintenance, Updating and technical support services, In relation to the following goods: Computer hardware, Computer software.