The trademark folx was filed by Brayton Investments S.A., a corporation established under the laws of the Republic of Poland (the "Applicant"). The application was published for oppositions on September 26, 2017, and received one opposition filed on January 2, 2018 by FOLX TV d.o.o. on (a) Likelihood of confusion, (b) Earlier non registered TM & right to prohibit use of later TM under national law. the opponent was represented by JADEK & PENSA D.O.O. - O.P. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 2, 2018
It was designated 'Basic Application' for International Application 1400617 at the World Intellectual Property Organization (WIPO).
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 9 with following description of goods:
Telephone apparatus for mobile telephone systems
Smartphones
Telephone transmitters
Broadcasting, transmission and reception apparatus for mobile telephone systems
Apparatus for recording, transmission or reproduction of sound or images
Compatible devices for using with computers in the field of transmission of sound and images
Games software
Blank and recorded magnetic data carriers (audio and video)
Mobile telephone housings
Holders and covers for mobile phones
DVDs, CD-ROMs
Pre-recorded videos
Pre-recorded video disks and audio visual recordings
Wallpaper graphics
Screen savers
Programs for computers
Electronic publications, downloadable
Audio books
E-books
Television programmes, films, radio programmes, sound, image and film recordings recorded on cinematographic film, video tapes, magnetic tapes and optical discs, in digital format, in electronic format, and in a version adapted for reproduction on computers and on CD and DVD players
Apparatus for recording, writing, playing and reproduction of sound, images, data and film recordings in analog and digital formats
Electric and electronic apparatus for receiving satellite, terrestrial, cable and fibre optic transmissions
Apparatus for transmitting, transforming, amplifying and splitting television signals
Transmitters for terrestrial, cable and satellite signals
Televisions and radios
Television and radio receivers with built-in signal decoders
Apparatus for decoding a coded signal containing a television reception set
Apparatus sets containing a decoder and an interactive browser for satellite television channels
Sets of apparatus comprising a decoder and a recorder for recording television and audio programmes, namely recording of sound and images on a built-in hard disk enabling the selection of recorded programmes (personal video recorders)
Computer programs enabling television users to view and purchase goods, via digital television channels
Computer programs for interactive television
Radio and television aerials
Television apparatus
Home cinema systems
Webcams
Digitial cameras
Navigation apparatus for vehicles
Digital book readers
Tablet computers
Portable computers
Computer peripheral devices
Games for home video game consoles (software)
Downloadable music files
Downloadable image files
Downloadable music, audio, video and image
Software for streaming audiovisual content and multimedia content downloadable via the internet and global communications networks
Multimedia distribution systems (software)
Software for streaming audiovisual content and multimedia content for digital telephones and electronic apparatus
Software for searching, organizing, and recommending multimedia content
Computer software
Downloadable software
Computer software for instant messaging
File sharing software
Communications software for electronically exchanging data
Downloadable software in the nature of a mobile application
Tools for the development of computer software and software for the creation of portable mobile applications (software)
Hardware for streaming audiovisual and multimedia content via the internet and global communications networks, namely: media, digital equipment, digital video recorders, DVDs and high-definition video discs
Television apparatus, Decoders.
The mark was filed in class 35 with following description of goods:
Advertising
Organisation of advertising campaigns
Advertising agencies
Market studies, opinion polling, business investigations and business research
Rental and sale of advertising space and time
Distribution and delivery of advertising brochures, sales offers and advertising samples, including via ICT networks and the internet
Arranging sales of goods via the Internet
Recording, compilation and systemisation of written information and advertising texts adapted to meet individual customer requirements
Online advertising
Layout services for advertising purposes
Rental of advertising time on communication media
Rental of publicity materials
Rental of advertising space
Organization of exhibitions for commercial or advertising purposes
Dissemination of advertisements
Presentation of goods on communication media, for retail purposes
Public relations
Arranging subscriptions to telecommunication services for others
Facilitating the exchange and sale of goods and services for others via computer and communications networks, namely brokerage in the conclusion of sale and purchase contracts for others
Sales promotion for others
Purchase, sale, auctioneering, promotional sale and management of online shops for the sale of the following goods: telephone apparatus for mobile telephone systems, smartphones, telephone transmitters, broadcasting, transmission and reception apparatus for mobile telephone systems, apparatus for recording, transmission or reproduction of sound or images, sound and image transmission apparatus for use with computers, games software, games apparatus operating with an external display screen, blank and recorded magnetic data carriers (audio and video), mobile telephone housings, holders and covers for mobile telephones, DVDs and CD ROMs, recorded video tapes, recorded video discs and audiovisual recordings, wallpaper graphics, screensavers, computer programs, electronic publications, audiobooks, e-books, television programmes, films, radio programmes, sound, image and film recordings recorded on cinematographic film, video tapes, magnetic tapes and optical discs in digital format, in electronic format, in a version adapted for reproduction on computers and on CD and DVD players, apparatus for recording, playing or reproduction of sound, images, data and film recordings in analogue and digital format, electric and electronic apparatus for receiving satellite, terrestrial, cable and fibre optic transmissions, apparatus for transmitting, transforming, amplifying and splitting television signals, transmitters for terrestrial, cable and satellite signals, television and radio sets, television and radio sets with built-in signal decoders, apparatus for decoding a coded signal comprising a television reception set, sets of apparatus comprising a decoder and an interactive browser for satellite television channels, sets of apparatus comprising a decoder and a recorder for recording television and audio programmes, namely recording of sound and images on a built-in hard disk enabling the selection of recorded programmes (personal video recorders), computer programs enabling television users to view and purchase goods via digital television channels, computer support programs for interactive television, radio and television aerials, televisions, home cinema systems, webcams, digital cameras, satellite navigational apparatus for vehicles, digital book readers, computer tablets, laptop computers, computer peripheral devices, games for home video game consoles, downloadable music files, downloadable image files, music, audio content, video content and images (downloadable), software for streaming audiovisual content and multimedia content downloadable via the internet and global communications networks, software for streaming audiovisual content and multimedia content for digital telephones and electronic apparatus, software for searching, organising and recommending multimedia content, computer software, tools for the development of computer software and software for the creation of portable mobile applications (software), hardware for streaming audiovisual and multimedia content via the internet and global communications networks, namely: media, digital equipment, digital video recorders, DVDs and high-definition video discs, televisions, decoders and multimedia distribution systems (software)
Office functions in the field of customer services and complaints handling.
The mark was filed in class 38 with following description of goods:
Telecommunication services
Mobile and fixed telecommunications
Transmission and downloading of data, messages, sound and images via telecommunications portals
Transmission and downloading of data, messages, sound and images via internet portals
Mobile telecommunications network services
Internet access services
Downloading and transmission of electronic mail, instant messaging and text messages
Transmission of voice, text and graphic data on telecommunications networks
Consultancy, information and advisory services all relating to the aforesaid services
Transmission of text messages and images via computers and computer networks, Data transmission by means of computer terminals, Message sending, Of data, Satellite transmission of sound and images, Transmission of electronic mail via mobile telephone networks and mobile telephones, Providing access to computer networks, Rental of analog, digital and satellite telecommunications voice, image and data transmission apparatus
Providing direct website access on a telephone screen via mobile telephone
Transmission of written information via telephone networks or the internet
Providing of data packages
Broadcasting of television programmes, news programmes, reports, documentaries and feature films, entertainment and sports shows, and programmes with interactive viewer participation
Television and radio broadcasting, transmission of sound and images, digital transmission, organisation of systems for transmission of sound, images and digital signals
Satellite, terrestrial, cable and fibre optic communications
Television broadcasting, including allowing selection from a variety of programmes and intelligent automatic selection of programmes to be recorded
Broadcasting and transmission of interactive television, interactive entertainment and interactive competitions
Providing access to websites by means of television broadcasting via interactive television portals
Rental of apparatus for receiving and broadcasting television and radio signals, radio and television sets, and coders and decoders of digital and analogue signals
Personalised telecommunications in the field of access to information content and services individually specified for each subscriber, enabling the sending of information from the subscriber to the operator for the selection of services, participation in games, competitions and voting, and making of purchases, with the simultaneous transmission of information from and to the customer
Telecommunications for the retail of goods through direct communication with the customer
Mobile television, terrestrial television broadcasting
Internet-ready televisions, Including terrestrial, satellite and cable television
Data streaming
Transmission of radio and television programs
Providing internet chatrooms
Providing user access to global computer networks
Wireless broadcasting
Broadcasting of television programmes provided online from a computer network and from mobile telephones
Video-on-demand transmission services
Providing of access to music and film resources and collections of images on the internet and telecommunications networks and via television broadcasting
Broadcasting services for mobile apparatus
Mobile television services, Video-on-demand via satellite, computer, terrestrial, cable and fibre optic transmission
Broadcasting of audiovisual and multimedia content via the Internet
Transmission and delivery of audiovisual and multimedia content via the internet
Video-on-demand transmission services
Video broadcasting
Transmission of voice, data, images, signals, messages and information
Streaming of audiovisual and multimedia content via the internet
Transmission and providing of audiovisual and multimedia content via the internet
Streaming transmission services
Providing Internet chat lines
Providing electronic access to telephone data records
Providing access to education and entertainment services online and via interactive television
Providing access to multimedia content, information, reviews and recommendations relating to multimedia content provided on websites
Broadcasting and delivery of multimedia content over electronic communications networks
Providing online network services enabling users to transfer personal identity data and providing access to personal identity data to and on multiple online facilities
Electronic data storage, namely providing information from searchable indexes and databases containing information, including text, electronic documents, databases, graphics, electronic media, photographic images and audio and visual information, on computer and communications networks (telecommunications).
The mark was filed in class 41 with following description of goods:
Training
Information (education)
Rental of motion pictures
Photography
Providing online games
Gambling
Entertainment information
Recreation information
Tuition
Sign language interpretation
Providing karaoke services
Casino services
Arranging and conducting of conferences
Arranging and conducting of congresses
Arranging of contests
Publication of books
Rental of books
Practical training
Operating of lotteries
Rental of sound recordings
Education, arranging and conducting of workshops
Arranging and conducting of concerts
Arranging and conducting of seminars
Arranging and conducting of symposiums
Arranging and conducting of conventions
Organisation of sports competitions
Production of television and radio programs
Publication of electronic books and journals on-line
Providing on-line electronic publications, not downloadable
Publication of texts
Production of shows
News reporters services
Booking of seats for shows
Entertainment
Entertainment information
Events
Cinema theaters
Arranging and conducting of concerts
Provision of amusement arcades
Presentation of performances
Presentation of live performances
Subtitling for films in the original version
Text writing
Publications of texts other than publicity texts
Translation and interpretation
Ticket agency services
Layout services, other than for advertising purposes
Disc jockey services
School services
Language interpreter services
Information regarding recreational activities
Entertainment and education, namely organisation of television entertainment shows, radio programmes, production of documentaries and feature films, reports and television programmes, organisation of television game shows and competitions, organisation of programmes with interactive viewer participation
Providing of entertainment and education via radio, television and the internet
Rental of apparatus for recording or reproduction of sound or images
Providing information relating to entertainment, radio and television programmes and sporting events
Automatic recording of television programmes according to the preferences of viewers and playing the aforesaid at the time selected by the viewer
Entertainment involving the providing of music, video, sound and images in the form of files accessible via online websites
Rental of recording studios, Film equipment, Organisation and production of film recordings, Sound recordings
Technical and organisational services for television and film production
Providing films, television and news programmes, reviews and recommendations relating to films and television programmes
Providing websites offering television programmes, films, reviews and recommendations relating to television programmes and films
Rental of video recordings and multimedia recordings
Providing information, reviews and personalized recommendations in the field of entertainment
Providing non-downloadable films and television programmes by means of video on demand
Providing information, opinions and recommendations relating to films and television programmes
Providing non-downloadable television programmes and films.
The mark was filed in class 42 with following description of goods:
Administration of internet and telecommunications portals, including portals accessible directly via mobile telephones and interactive television
Creating and maintaining web sites for others
Providing of space on servers
Server hosting
Design, development, installation, updating, maintenance and providing of computer software enabling communications via internet telephony (VOIP) via a computer network and telephone switchboard (PBX), providing online software for use by others, enabling subscribers to use internet telephony communications (VOIP), in communications applications, messages and instant messaging, including in video communications via the internet
Design, development, installation, updating and maintenance of computer software for use in messaging and instant messaging services
Design and development of computer hardware and software
Computer services, particularly creating virtual communities for registered users to organize groups and events, participate in discussions, and engage in social, business and community networking
IT services, in particular, hosting electronic facilities for others for organizing and conducting meetings, events and interactive discussions via communication networks
Computer services, namely the creation of websites containing user-defined or specified information, personal profiles, audio and video content, photographic images, text, graphics and data
IT services, in particular, Providing search engines for obtaining data on a global computer network
Providing a web site featuring technology that enables online users to create personal profiles featuring social and business networking information and to transfer and share such information among multiple online facilities
Providing temporary use of non-downloadable software applications for social networking, creating a virtual community, and transmission of audio, video, photographic images, text, graphics and data
Application serviceprovider [ASP]
Hosting of computer software applications of others
Application service provider (ASP) services featuring software enabling or facilitating the creation, editing, uploading, downloading, accessing, viewing, posting, displaying, tagging, blogging, linking, annotating, commenting, placing, transmitting, sharing, searching or otherwise providing of electronic media or information via computer and communications networks
Providing non-downloadable e-commerce software to allow users to perform electronic business transactions via global computer network
IT services, in particular, application service provider featuring application programming interface (API) software that allows users to perform electronic business transactions via a global computer network
Software as a service (SAAS) services featuring software for sending electronic message alerts, for transmitting orders and sending and receiving electronic messages, and to allow users to perform electronic business transactions via a global computer network
Providing temporary use of on-line non-downloadable software for use in managing, measuring, and serving advertising of others
Application service provider featuring application programming interface (API) software for managing, tracking, reporting and measuring media planning, media buying and advertising of others
Providing search engines for obtaining data via communications networks
Providing temporary use of non-downloadable online software enabling users to upload, modify and share audio and video content, photographic images, text, graphics and data
Operating search engines
Computer services, namely, providing interactive online facilities featuring technology that allows users to manage their online audio and visual and social and business networking accounts
Providing temporary use of non-downloadable software for modifying the appearance and enabling transmission of audio, video, photographic images, text, graphics and data
File sharing services, namely, providing online facilities featuring technology enabling users to upload and download electronic files
Scientific and technological services and research and design relating thereto
Industrial analysis and research services
Technical consultation in the field of mobile applications
Application service provider (ASP) featuring software enabling development, assessment, testing, and maintenance of mobile applications
Providing temporary use of non-downloadable computer software enabling development, assessment, testing, and maintenance of mobile applications
Development, assessment, and testing of mobile applications across operator networks, mobile operating systems, and portable electronic communication devices