The trademark freem was filed by InMobile Sp. z o.o., a corporation established under the laws of the Republic of Poland (the "Applicant"). The application was published for oppositions on January 4, 2011, and received one opposition filed on March 29, 2011 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 March 29, 2011
The application was filed in Polish, and Polish was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 35 with following description of goods:
Rental of advertising space for third parties, especially advertising space in telecommunications and computer networks, including mobile phone networks and Internet, distribution and delivery of sale offers also via data communication networks - the Internet, arranging sales of goods via the Internet, recording, compilation, systemisation of written data via data communication networks and the Internet
Dissemination of advertising matter, brokerage in the field of purchasing telecommunication services
The mark was filed in class 38 with following description of goods:
Telecommunications services
Mobile telecommunications services
Telecommunications portal services
Internet portal services
Mobile telecommunications network services
Internet access services
Email, instant messaging and text messaging services
Transmission of voice, text and images on telecommunication networks
Information and advisory services relating to any of the aforesaid services
Transmission of text and images via computers and computer networks, data transmission via computer terminals, satellite transmission of messages, data, voice and images, electronic mail transmission via mobile telephone networks and mobile telephones, providing access to computer networks, rental of apparatus for voice, image and data transmission via analog, digital and satellite telephone network, providing websites via mobile telephone networks, directly on the telephone screen, transmission of written data via telephone networks and the Internet
Transmission of data packets, transmission of advertising texts adapted for the individual requirements of the user
Providing access to portals and computer platforms facilitating advertising, offering and selling of all goods and services by others.
The mark was filed in class 42 with Design, management and maintenance of portals and computer platforms facilitating offering and selling all goods and services by others.