EUTM file information

011652716

Smartmart

March 12, 2013

Trademark Summary

The trademark smartmart was filed by Mirko Weisel, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on September 15, 2013, and received one opposition filed on December 12, 2013 by MICROSOFT CORPORATION on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 12, 2013

The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).

The Refusal with reference B 011652716 was partially rejected according to Article 7(1)(b) CTMR with decision issued on June 19, 2013 by the EUIPO.

Goods And Services

  • The mark was filed in class 9 with following description of goods:
    1. Mobile communication terminals
    2. Communication software
    3. Communications networks
    4. Software for commerce over a global communications network
    5. Communications transmission apparatus
    6. Communications servers[computer hardware]
    7. Electronic communication installations
    8. Mobile data apparatus
    9. Portable telephones
    10. Digital cellular phones
    11. Mobile telephone cases
    12. Keyboards for mobile phones
    13. Fitted holders for mobile phones
    14. Devices for hands-free use of mobile phones
    15. Tablet PCs
    16. Mobile data communications apparatus
    17. Cellular telecommunication apparatus.
  • The mark was filed in class 38 with following description of goods:
    1. Electronic communications for the presentation of financial information
    2. Provision of communication facilities for the interchange of data by electronic means
    3. Provision of electronic communication links
    4. Providing access to communications networks via computers
    5. Providing access to electronic communication networks and electronic databases
    6. Provision of central switching services for electronic communications networks
    7. Computerised communication services
    8. Digital communication services
    9. Communication services for the electronic transmission of data
    10. Electronic communication service by means of computer
    11. Electronic communications for transmission of data
    12. Audiovisual communications services
    13. Communication via electronic networks
    14. Communications via electronic media
    15. Communications via mobile telephones
    16. Communications services via the Internet
    17. Communications by computer
    18. Communication services over computer networks
    19. Online communication services
    20. Communication between databases
    21. Communication between computers
    22. Mobile communications services.