The trademark E-Plus Free was filed by E-Plus Mobilfunk GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on July 24, 2012, and received one opposition filed on October 15, 2012 by FREE on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute, (c) Earlier sign & right to prohibit use of later TM under national law. the opponent was represented by Coursin, Yves and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 15, 2012
The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Telecommunications, communications and computer apparatus and interfaces, including computer network apparatus and interfaces, and peripheral devices therefor
Computer chips
Chip cards and sim cards
Telephones, including mobile telephones
Aerials
Apparatus and instruments for recording, transmission or reproduction of sound and/or images for electric or optical signal transmission
Data-processing apparatus
Sound carriers
Electronic, magnetic and optical apparatus for recording, transmission or reproduction of sound, images or data
Computer hardware and computer software, local user terminals
Navigational apparatus and instruments
All the aforesaid goods exclusively for use in the field of telecommunications.
The mark was filed in class 16 with following description of goods:
Brochures
Catalogues
Forms
Printed advertising material
Cardboard
Notices
User manuals
All the aforesaid goods exclusively for use in the field of telecommunications.
The mark was filed in class 35 with following description of goods:
Retail services regarding telecommunications apparatus, computer software and computer hardware
Presenting via electronic channels overviews of the goods and services of others in connection with teleshopping and homeshopping
Rental of advertising space on communication networks
Commercial or industrial management assistance
Telecommunications management consultancy
Telephone answering services
Telecommunications network management
Compilation of data
Updating of data files
Processing of data, signals, images and information by computers or by telecommunication apparatus and instruments
Advertising
Rental of data processing equipment
All the aforesaid services exclusively for use in the field of telecommunications.
The mark was filed in class 36 with Sponsorship activities and All the aforesaid services exclusively for use in the field of telecommunications..
The mark was filed in class 37 with following description of goods:
Repair and maintenance of sound, image and data transfer and data information apparatus, installations and connections, of warning system hardware, communication system hardware and communication network hardware, and of electronic message and information systems, electronic data connections, of telecommunication apparatus, installations, connections, instruments and systems and of parts of the aforesaid goods (hardware)
Installation, adjustment, adaptation, maintenance and repair of electric, electronic, communication and computer apparatus, instruments, installations and parts
Technical support in the field of computers and telecommunications (recovery, installation, repair, maintenance).
The mark was filed in class 38 with following description of goods:
Telecommunications
Providing access to the Internet
Electronic data transfer
Telecommunication apparatus and -peripherals
Telephone information services, redirecting of telephone calls or telecommunications
Transmission of data contained in databases and databases with images
Dissemination of data via electronic channels, in particular for global communication networks or private or restricted networks
Uploading and downloading (transmission) of data, images and messages using computers
Provision of access to databases
Providing of access to search engines
Rental of telecommunications apparatus and installations
Consultancy in the field of telecommunications
Transmission and reception of data, signals, images and information processed by computers or by telecommunications apparatus and instruments
Television broadcasting
News services
Leasing access time to a computer server
Leasing of access time to databases
All the aforesaid services exclusively for use in the field of telecommunications.
The mark was filed in class 41 with following description of goods:
Education and entertainment, including education, training, courses, training sessions and seminars
Production and performance of television programmes, films and videos
Providing of training and further training in the computer and telecommunications field
Providing of training and education in the field of programming, installation, operation, management and maintenance of computers, telecommunications apparatus, hardware and software for computers and for telecommunications apparatus and instruments
Information in the field of entertainment, concerts, music and cultural activities
Online rental of recordings and music, in particular via a global telecommunication network
Arranging and conducting of conferences, seminars and presentations
Arranging thematic events, television entertainment and competitions
Publishing and publication services
All the aforesaid services exclusively for use in the field of telecommunications
Transfer (providing) of know-how.
The mark was filed in class 42 with following description of goods:
Technical consultancy regarding computer hardware (excluding the installation, repair and maintenance of computer hardware), computer software and computerisation concepts
Services of ICT specialists, office computerisation services
Conducting of research, development, design and assembly of goods, including in relation to telecommunications, communications, computerisation (including for offices), storage, transport and processing of data, documents and goods
Design and development of computer systems and (tele)communications systems
Maintenance and keeping up-to-date of computer programs, and providing reserve files
Testing of communication protocols
Development and/or installation of (tele)communication and computer (network) apparatus
ICT services
Computer software design
Computer programming
Consultancy on the quality, use and application of telecommunications and communications apparatus and hardware
Computerisation consultancy
Computer software rental
Leasing of data-processing installations
Engineering
Assistance in the operation (management) and monitoring of computer networks
Rental of computer
Technical studies and research in the field of maintenance (maintenance, installation and repair) of computer and telecommunications equipment
Technical consultancy in relation to computers
Website hosting
Creating and maintaning websites
Consultancy in the field of IT, in particular for the maintenance of electronic and computer services on a telecommunications network
Consultancy on information systems, in particular the development of computer strategies for enterprises, consultancy on the analysis of information systems and computer technologies
Monitoring of data, signals, images and information processed by computers or by telecommunications apparatus and instruments
Research in the field of telecommunications
All the aforesaid services exclusively for use in the field of telecommunications
Technical consultancy relating to telecommunications
Technical consultation and advisory in the field of telecommunications,.
The mark was filed in class 45 with following description of goods:
Licensing services
Consultancy and advice in relation to intellectual property
All the aforesaid services exclusively for use in the field of telecommunications.