The trademark SWILE was filed by Swile, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on April 27, 2020, and received one opposition filed on July 27, 2020 by THE CO-OPERATIVE BANK PLC on (a) Art. 8(4), (b) Identity of marks and Goods and Services, (c) Likelihood of confusion. the opponent was represented by MARKS & CLERK LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 27, 2020
The application was filed in French, and French 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 November 16, 2022.
Goods And Services
The mark was filed in class 9 with following description of goods:
Data processing equipment, computer hardware, firmware and peripherals
Communications equipment
Apparatus for recording, transmission or reproduction of sound or image
Magnetic, digital and optical data carriers
Software
Applications software for mobile telephony apparatus
Electronic payment apparatus
Computer software relating to the handling of financial transactions
Electronic point of sale (EpoS) systems
Downloadable computer software to allow users to perform electronic business transactions via a global computer network
Computer software relating to ordering of goods and services, transport, delivery and developing relationships between consumers and professionals
Apparatus and software intended for the navigation and localisation of a delivery vehicle
Application software for mobile phones for accessing restaurant menus, for placing restaurant orders, for monitoring the preparation and location of restaurant orders
Application software for mobile telephones enabling customers to order and pay for food, goods and services from local traders
Computer software for accessing loyalty programs for restaurant customers, as well as promotional information and satisfaction surveys for restaurant clients
Computer hardware and software for the management of merchandise stock
Application software for mobile phones
Portable media players and handheld computers
Computer software for sending digital photographs, videos, images and text to others via the global computer network
Computer software for the collection, editing, organisation, modification, bookmarking, transmission, storage and sharing of data and information
Computer application software for use in advertising and marketing
Computer software platforms
Programming interfaces, computer software and software development kits for creation of software applications
Computer software for creating indices of information, sites and other resources available on computer networks
Mobile apps
Portable multimedia readers and other portable computers or communications devices
Cell phones
Pagers and personal communications devices
Computer databases
Downloadable information, code, text, software and other media content or multimedia content
Magnetic cards for commercial and/or financial purposes, chip cards or smart cards
Magnetic gift cards
Magnetic loyalty cards
Electronic publications relating to food and drink, including restaurants and takeaway restaurants
Electronic publications relating to the sale, order and delivery of goods including restaurant and takeaway restaurant meals
Electronic publications including food and drink menus, electronic publications relating to Electronic Point of Sale (EPOS) systems, order management, order tracking and order delivery systems and software
None of the aforesaid relating to the provision of dating and online dating.
The mark was filed in class 35 with following description of goods:
Business data analysis services
Systemisation and recording of data in computer databases
Computerized file management
Marketing studies
Surveys and opinion polling
Auditing, creation and development of institutional, advertising and commercial communication strategies
Price comparison
Opinion polls relating to restaurants and takeaway and delivery services
Statistics relating to restaurant, orders made by customers and takeaway and delivery services
Marketing consultancy relating to restaurants, orders made by customers and takeaway and delivery services
Compilation of consumer reviews of restaurants and restaurants serving food for take away and delivery for the purposes of consumer studies
Ordering services for restaurants and restaurants serving food for take away and delivery
Organisation of promotional operations and rewards for developing customer loyalty
Organising promotional campaigns
Business management of cards, not for financial purposes, for encouraging customer loyalty
Administrative services for monitoring the preparation status of food and drink orders
Marketing in the field of business
Public relations services
Business management and organization consultancy
Business management
Personnel recruitment
Business brokerage (concierge services)
Advertising and sales promotion
Dissemination of advertising matter
Rental of advertising time and advertising space on all means of communication
Dissemination of advertising messages on all kinds of media
Publication of publicity texts and/or images
Administrative processing of purchase orders
Consumers (Commercial information and advice for -) [consumer advice shop]
Compilation, updating and archiving of databases
Compilation, input, systemisation and processing of data, information, images and documents
Providing commercial information, namely company and trade information in a central file or via the internet
Business networking (consultancy and seeking partners in the field of business, administrative and commercial organisation of relationships) between sellers, professional providers, and consumers
Consultancy, analysis and assessments in connection with evaluating the administrative measures required for managing commercial orders (purchases)
Marketing studies and analyses
Dissemination of classified advertisements, including on the internet.
The mark was filed in class 36 with following description of goods:
Financial and monetary affairs and banking
Insurance
Financial, banking and monetary consultancy
Financial, monetary and banking transactions
Management and processing of payments
Online payment services
Payment by means of telecommunications devices
Payment via contactless devices
Processing electronic payments made through prepaid cards
Electronic funds transfer
Financial management of business expenses and payment flows between professionals
Issuing of physical payment orders
Issuing of paperless payment orders
Issuance of tokens of value
Issuance of magnetic cards, optical cards, electronic smart cards (integrated circuit cards) and chip cards, being disposable or rechargeable, for pre-payment or post-payment use, being contact or contactless and able to contain one or more electronic wallets, for paying for foodstuffs and meals and for settling purchases of goods or remuneration for services
Issuance of payment cards, credit cards, debit cards and discount cards
Issuing of payment gift vouchers
Issuing tokens of value as a reward for customer loyalty
Credit and debit card services
Financial management of reimbursement payments for others
Clearing and repayment of vouchers, cheques and cards used as means of payment
Financial services and management of financial benefits linked with the use of a loyalty card.
The mark was filed in class 38 with following description of goods:
Telecommunication services
Interactive telecommunication services
Communication and transmission of data and messages
Providing access to e-commerce platforms on the internet
Operation of an online portal for the delivery of takeaway restaurant and restaurant meals, and for other goods
Operation of an online portal for the ordering of takeaway restaurant and restaurant meals
Access to content, websites and portals
Audiovisual communication services
Transmission of electronic messages
Transmission of electronic orders
Transmission of consumer generated reviews for restaurants and take away restaurants online
Electronic transmission of vouchers, tokens of value for the purchase of goods or services, vouchers to be exchanged for goods or services, discount coupons, gift certificates, gift cards, promotional codes, promotional cards, loyalty cards, membership cards, tickets, debit and credit cards, and payment cards (computer-aided)
Transmission and broadcasting of data, logos, ringtones
Broadcasting and transmission of games
Message sending and transmission of messages
Transmission and dissemination of photographs, telegrams, still or moving images
Transmission and broadcasting of films, videos, audio, songs, music, text, computer software and multimedia programmes, among others via global communications networks such as the internet or private or restricted-access networks such as intranets or extranets
Transmission and dissemination of vouchers, tokens of value for the purchase of goods or services, vouchers to be exchanged for goods or services, discount coupons, gift certificates, gift cards, promotional codes, promotional cards, loyalty cards, membership cards, tickets
Transmission and dissemination of debit and credit cards, payment cards in particular via global communication networks such as the internet or with private or reserved access such as the intranet or extranet
Telecommunications enabling website visitors to be geographically located, in order to inform them of the closest points of sale offering the goods and services sought
Communication by computer terminals
Audiovisual communication, namely communication via sound and/or image-based techniques
Communications by telegrams, radio, telephone and televisual
Transmission and dissemination of information, images and audio by telematic, audio-visual, telephone and electronic means, in particular via global telecommunications networks (including the internet) or private or restricted-access networks (including intranets)
Providing telecommunication channels for teleshopping services
Computer, electronic and telematic messaging
Electronic mail
Transmission of classified advertisements, including on the internet
Providing Internet chatrooms
Online transmission of information relating to creating a social network and establishing a virtual community of Internet users
Communications between computer terminals or by fibre-optic networks
Transmission of information accessible by access code to computerised or data transmission databases and computer database servers
Transmission and dissemination of information on digital communications networks or by computer networks
Rental of access time to a computer system, to databases and to database servers, in particular for global communications networks (including the internet) or private or restricted-access networks (including intranets)
Transmission of data, audio, video and multimedia files, including downloadable files and files streamed over a global computer network
Information, advisory and consultancy services relating to the aforesaid
None of the aforesaid relating to the provision of dating and online dating.
The mark was filed in class 39 with following description of goods:
Transport
Delivery services
Location of vehicles and goods
Vehicle charter
Providing of a website offering information relating to services for transport and delivery
Distribution (delivery) to the home of goods purchased in shops or remotely (via mail order and via the internet)
Packaging and storage of goods
Transport of goods
Home delivery of meals
Preparation, packaging and home delivery of pre-cooked prepared foodstuffs.
The mark was filed in class 42 with following description of goods:
Platform as a Service [PaaS]
Platform as a service [PaaS] featuring software platforms for transmission of images, audio-visual content, video content and messages
Platform as a service (PAAS) offering computer software platforms for use in group communication, namely postings, reminders and instant messaging, file sharing and calendar synchronisation
Computer services, namely, creating an online community enabling registered users to organise groups and events, participate in discussions, get feedback from their peers, form virtual communities, and engage in social networking
Computer services in the nature of customized web pages featuring user-defined or specified information, personal profiles, audio, video, photographic images, text, graphics and data
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
Computer services in the nature of customized online pages featuring user-defined or specified information, personal profiles, audio, video, photographic images, text, graphics and data
Platform as a service (PAAS)
On-line non-downloadable software for sending and receiving electronic messages
Providing of a online non-downloadable computer software platforms for use in group communication, namely for postings, reminders and instant messaging, file sharing and calendar synchronisation
None of the aforesaid relating to the provision of dating and online dating.
The mark was filed in class 43 with following description of goods:
Services for providing food and drink
Reservation services for restaurants and restaurants serving food for take away and delivery
Take away restaurant services
Bar services
Catering
Canteens
Temporary accommodation
Accommodation bureaux (hotels, boarding houses)
Rental of temporary accommodation
Temporary accommodation reservations
Day-nurseries [crèches]
Providing campground facilities
Retirement homes
Boarding for animals
Rental of movable structures (transportable buildings) for all kinds of events, tents, meeting rooms, conference rooms
Rental of furniture, rental of chairs, tables, table linen, glassware
Rental of portable buildings
Searching and indexing of restaurants and takeaway and delivery services and menus on the internet via a mobile app.
The mark was filed in class 45 with following description of goods:
Internet based social introduction and networking services
Online social networking between pre-selected groups of users
Information on online social networking
Licensing of technology, source code, computer software
None of the aforesaid relating to the provision of dating and online dating.