The trademark MPAY was filed by MPay S.A., a corporation established under the laws of the Republic of Poland (the "Applicant"). The application was published for oppositions on September 6, 2009, and received undefined oppositions.
Opposition Proceedings
There are undefined Oppositions claimed against trademark.
The first opposition filed on December 6, 2009 by MEDION AG on Likelihood of confusion. the opponent was represented by BECKER & MÜLLER and its proceedings were handled in German The second opposition filed on December 6, 2009 by Unzer Austria GmbH on Likelihood of confusion. and its proceedings were handled in German
The application was filed in Polish, and Polish was also language of all opposition proceedings (German was selected as the second language).
A transfer of the trademark registration was recorded on July 1, 2009. Change of name and address of the trademark registration was recorded on July 1, 2009.
Goods And Services
The mark was filed in class 9 with following description of goods:
Scientific, nautical, measuring and electric apparatus and instruments, including: payment transaction authorisation terminals, parking fee payment and mobile phone verification terminals, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments
Apparatus and instruments for conducting, transforming, accumulating, regulating or controlling electricity
Apparatus for recording, transmission or reproduction of sound or images
Magnetic data carriers, recording discs
Automatic vending machines and mechanisms for coin-operated apparatus
Cash registers, calculating machines, data processing equipment and computers
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Internet sale and sale agencies in the field of foodstuffs, agricultural goods, alcoholic products, non-alcoholic products, tobacco products, textile products, plastic products, porcelainware, glassware, metal goods, rubber goods, furniture, chemicals, cosmetics, pharmaceutical and veterinary preparations, textiles, automotive goods, tourist goods, sports goods, telecommunications products, IT products, construction products, industrial devices, machines and apparatus, apparatus for heating, lighting, cooling and sanitary purposes, stationery, paper products, jewellery, horological instruments, explosives, fireworks, surgical, medical and dental apparatus, orthopaedic articles, hunting products, fishing tackle, foodstuffs, toys and accessories for animals, horticultural products, clothing, leather goods, nautical, surveying, photographic, optical, weighing, measuring,, signalling, checking (supervision), life-saving and teaching apparatus, electrical apparatus, including payment transaction authorisation terminals, parking fee payment and mobile phone verification terminals, apparatus and instruments for conducting, transforming, accumulating, regulating or controlling electricity, toys, musical instruments, works of art, machines and machine tools, instruments and electric tools, apparatus for recording, transmission or reproduction or sound or images, data carriers, recording discs, mechanisms for vending machines (coin-operated), cash registers, calculating machines, data processing equipment and computers, fire-extinguishing apparatus, household appliances, radios and television apparatus, parts and fittings for the aforesaid goods
Production of radio, television, cinema and press advertising
Sales support by means of mobile equipment
Marketing services
Creation and management of loyalty programmes, customer incentive programmes and promotion programmes
Online information on marketing, loyalty and bonus programmes, computer file management
Business management and organisation consultancy, with or without assistance of electronic databases
Business management consultancy
Business management
Commercial opinion consultancy and preparation
Commercial information, including know-how, research and market analysis, cost-price analysis, opinion polling, business research
Direct ordering of goods and services by computer, telephone or portable devices
Business expertise
Business evaluations
Economic forecasting
Preparation of economic statistics, including online, opinion polling
Preparation of clearing reports, clearing balances, sales reports, billing reports (billing), franchising, namely providing of business and organisational know-how on a fee basis relating to goods and/or services marketing (sales), organisation of exhibitions for commercial and/or promotional purposes, organisation of trade and promotional fairs, computer file management
Data processing
Design, organisation and management of a customer loyalty scheme, including development of bonus programmes to keep customers by issuing vouchers and discount vouchers
Temporary rental, for a fee, of office equipment, vending machines and parts therefor, in particular leasing
Information and data transcription, composition, compilation by means of radio, telecommunications devices, electronic media or the Internet
Information transcription, composition and compilation for data transmission
Data processing.
The mark was filed in class 36 with following description of goods:
Actuarial services
Financial services
Monetary services
Real estate affairs
Financial intermediation, financial intermediation by means of telecommunications and computer equipment, electronic financial transactions by mobile phone or portable device, electronic trade payment services, including opening accounts for the purchase of goods and services via the Internet, telephone and portable devices, settlements effected by means of electronic money, electronic payment services, including electronic generation and transmission of accounts with payment-related data, micropayment processing, processing of payments made via portable devices, processing of cashless payments, prepaid card processing, including processing of electronic payments effected by means of prepaid cards, bank card processing, credit card processing, debit card processing and services relating to electronic payment cards, design, organisation and management of a customer loyalty scheme, including development of bonus programmes to keep customers by opening accounts and issuing customer cards with a payment function
Providing financial services, including online accounts in the electronic system, electronic banking, online banking, dues enforcement/debt collection, electronic transfer of financial assets and money, including by means of telecommunications systems, information on capital, electronic security of online transfer of financial assets/money and online transactions, processing of clearing and registration transactions by means of open electronic platforms, charitable fund-raising
Preparation of financial statistics.
The mark was filed in class 38 with Telecommunications, data transmission, data transfer, receiving information, images, graphics and data by radio, telecommunications devices, electronic media and the Internet, news agencies, radio and television broadcasting, transfer, distribution and transmission of television, radio and telecommunications signals and programmes by means of wireless and/or cable digital and analogue networks, including online and offline operations, including by computers, satellite transmission of sound and images, broadcasting, distribution and transmission of visual images, audio information, graphics, data and other information by radio, telecommunications equipment, electronic media or the Internet, electronic mail, electronic advertisements, online providing of film reviews,, books, computer games, providing access to computer databases, online services, namely providing access to news and information of all kinds in the form of sound and images.
The mark was filed in class 39 with following description of goods:
Transport
Packaging and storage of goods
Travel arrangement
Delivery of goods and parcels, including parcels ordered electronically and by mail order, post, courier service or electronic means
Packaging, storage and warehousing of goods.
The mark was filed in class 41 with following description of goods:
Teaching
Providing of training
Entertainment
Sporting and cultural activities, arranging and conducting of correspondence courses, seminars, congresses, colloquiums, conferences and symposiums, organisation of competitions, operating lotteries, party-planning, organisation of exhibitions, parties, fêtes, picnics, thematic events, practical training, micropublications, publiction and distribution of books, texts, newspapers, periodicals and electronic media, including operation of online electronic publications, publication of electronic books and journals online, electronic publishing, including publishing of texts and graphics of others in CD, DVD and online formats
Providing of non-downloadable electronic publications online
Image, sound and graphics transcription, composition and compilation by radio, telecommunications devices, electronic media or the Internet.
The mark was filed in class 42 with following description of goods:
Scientific and technological services and research and design services relating thereto
Industrial analysis and research services
Design, development, duplication and installation of computer, telecommunications, and data transmission equipment, devices, systems and software
Research and development for others, technical project studies, technical research, engineering, material testing, quality control, research and development relating to computer hardware, telecommunications and data transmission equipment and software, consultancy relating to computer hardware, telecommunications and data communications equipment
Conversion of data or documents from physical to electronic media, graphic design
Computer processing of information, images, sound, graphics and data.
The mark was filed in class 45 with Franchising, namely providing, for a fee, know-how relating to use of intellectual property rights.