The trademark application smartwash was filed by Henkel AG & Co. KGaA, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). Application refused.
The application was filed in English (German was selected as the second language).
The Refusal with reference B 018824649 was Rejected according to Article 7(1)(b) EUTMR with decision issued on September 3, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Soaps for non personal use
Laundry preparations
Bleaching preparations
Preparations for washing clothes and crockery
Furbishing preparations
Polishing preparations
Grease-removing preparations
Grinding preparations
Preparations for cleaning wood, metal, glass, plastic, stone, porcelain and textiles
Preparations for preventing and dissolving deposits in pipes and apparatus for household use
Dishwasher rinsing agents
Cleaning preparations for dishwashing machines
Dishwashing detergents
Dishwasher detergents.
The mark was filed in class 9 with following description of goods:
Computer software
Downloadable, non-downloadable, interactive and network software, files and applications for mobile telephones, smartphones, computers, multifunctional handheld computers, electronic planning aids/organisers, e-readers, tablet computers, audio players for personal use
Cell phones
Magnetic data media
Audio compact discs
Compact discs, DVDs and other digital information carrying mediums, including with recordings
Downloadable application software
Downloadable video game programs
Electronic and downloadable vouchers and coupons
Encoded loyalty cards
Interactive and networked software
Downloadable digital animations and moving images
Digital images [downloadable]
Downloadable digital media and computer files being text messages, video messages, musical messages and multimedia messages
Downloadable digital educational media
Electronic publication
Downloadable electronic publications and brochures
Downloadable menus
Podcasts
Downloadable computer software for modifying the appearance and enabling transmission of images, audio-visual and video content
Computer software for capturing, editing, organising, modifying, transmitting, storing, processing and sharing data and information
Computer software for use as an application programming interface (API)
Computer software in the nature of an application programming interface (API) which facilitates online services for social networking, building social networking applications and for allowing data retrieval, upload, download, access and management
Computer software to enable uploading, downloading, accessing, posting, displaying, tagging, blogging, streaming, linking, sharing or otherwise providing electronic media or information via computer and communication networks
Sensory software
Credit screening software
Community software
Encoded prepaid payment cards
Global Positioning System [GPS] apparatus
Computer software for Global Positioning Systems
GPS transmitters
GPS receivers
Electronic devices used to locate lost articles employing the global positioning system or cellular communication networks
Batteries
Rechargeable batteries
Level indicators
Software for smartphones
Downloadable software in the nature of a mobile application
Downloadable software in the nature of a messaging application
Downloadable software in the nature of a mobile application for messaging
Software for sending and receiving electronic messages, graphics, images, audio and audio visual content via global communication networks
Downloadable e-commerce computer software to allow users to perform electronic business transactions via a global computer network
Computer software for personal information management, and data synchronization software
Computer software development tools.
The mark was filed in class 20 with Apparatus for the holding, automatic dispensing and fully automatic dispensing of detergents, dishwasher cleaning preparations, rinsing aids, salt for dishwashing machines, and dishwasher deodorants and Dispensers for detergents..
The mark was filed in class 37 with following description of goods:
Cleaning services
Maintenance of apparatus for the holding, automatic dispensing and fully automatic dispensing of detergents, dishwasher cleaning preparations, rinsing aids, salt for dishwashing machines, and dishwasher deodorants
Maintenance of level indicators
Maintenance of dishwashing preparation dosing devices, dispensers for dishwashing preparations, cleaning preparation dosing devices and dispensers for cleaning preparations.