The trademark Smart Commerce was filed by Smart Commerce S.E., a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on March 6, 2013, and received one opposition filed on June 5, 2013 by OPTIMUS-COMUNICAÇÕES S.A. on Likelihood of confusion. the opponent was represented by J. PEREIRA DA CRUZ, S.A. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 5, 2013
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on February 14, 2013. Deletion of the representative of the trademark registration was recorded on July 25, 2013.
The Opposition with reference B 002196932 was refused according to Article 8(1)(b) CTMR with decision issued on February 2, 2014 by the EUIPO.
Goods And Services
The mark was filed in class 9 with Computer software, recorded.
The mark was filed in class 38 with following description of goods:
Providing access to telecommunications networks
Telecommunications services for providing access to computer databases
Telecommunications by means of portals
Telecommunications.
The mark was filed in class 42 with following description of goods:
Making of software, researching and developing of integrated circuits, chip-design
Software design and software development
Computer software design
Software development service
Software creation
Software engineering
Computer hardware and software consultancy services
Custom design of software packages
Custom designs of software packages
Consulting services in the field of computer hardware and software
Consultancy and advisory services in the field of computer hardware and software
Creation, maintenance and adaptation of software
Rental of computer hardware and computer software
Repair (maintenance, updating) of software
Design and development of computer hardware and software
Design, development and implementation of software
Software development services
Rental of computer software
Consultancy in the field of software design
Computer software technical support services
Development of software solutions for Internet providers and Internet users