The trademark NUMBERX was filed by Dock Financial Capital GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on May 21, 2020, and received one opposition filed on August 23, 2020 by Apple Inc. on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Locke Lord LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 23, 2020
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
A transfer of the trademark registration was recorded on July 6, 2021. A transfer of the trademark registration was recorded on June 29, 2022.
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer software
Computer hardware
Magnetic data carrying media
Computer operating programs, recoded
Data processing apparatus
Computers
Electronic publications, downloadable
Computer software relating to credit card transactions
Computer software and computer programs (downloadable/recorded computer software) relating to credit card transactions
Computer hardware and software (downloadable and/or recorded) for facilitating and managing bank, credit card, debit card, payment card, value card, electronic money transfer, electronic payment and bill payment data
Apparatus for tracking, management and analysis of financial accounts via a global computer network
Computer hardware and software for facilitating payment transactions by electronic means over wireless networks, global computer networks and mobile telecommunications devices
Computer hardware and software for facilitating the provision of financial credit to consumers and businesses
Downloadable computer programs and application software for mobile telephones and other digital devices, providing access to financial information, a digital wallet, enabling users to access price comparison information, product reviews, links to the retail websites of others, and discount information
Audiovisual mobile and intelligent electronic devices and software related thereto
Computer programs and computer software for creating spreadsheets, and, within the scope of such, the presentation of tables, graphs, and charts, and in relation thereto for organizing and analyzing data, for home, education, business, and developer use are excluded from the aforementioned goods.
The mark was filed in class 16 with Credit cards without magnetic encoding.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business management
Office funcions
Business consultancy and advisory services
Financial records management
Promotion of financial services for others
Presentation of financial products on communication media for retail purposes
Computerized file management
Customer card services
Credit card registration services
Presentation of goods on communication media for retail purposes
Price comparison services
Marketing consulting
Market research
Assistance in trade, industry and corporate management
Business appraisal
Business management consultancy"
Marketing studies
(corporate) statistical information
Business research
Public relations services
Publication of publicity texts
Provision of information concerning the purchase of goods and services on line via the Internet and other computer networks
Services in relation to computer programs and computer software for creating spread-sheets and, within the scope of such, the presentation of tables, graphs and charts, and in relation thereto for organizing and analyzing data, for home, education, business, and developer use are excluded from the aforementioned services.
The mark was filed in class 36 with following description of goods:
Finance services
Computerised financial services
Financial advice
Financial intelligence
Financial data analysis
Online financial transactions
Financial services, namely banking services, Services in the field of securities, Credit card services, Debit card services, Debit card and prepaid card services
Financial assessment and risk management for others in the field of consumer credit
Financial information, provided from computers via a secure information computer network
The provision of financial services for the support of retail services provided on-line, through electronic networks
Financial analysis and consultation services
Credit and prepaid card services
Bank card, credit card, debit card and electronic payment card services
Credit card validation services
Cash replacement via credit card
Credit card protection and registration services
Processing credit card transactions
Credit card verification
Electronic wallet services (payment services)
Charge card payment processing
Payment processing for banks
Payment processing relating to charge cards
Payment processing relating to credit cards
Financial management of reimbursements for others
Debit card validation services
Payment management services
Handling of payments
Clearing services
Cheque encashment services
Verification review
Remote payment services
Payment and receipt of money as agents
Payment transaction card services
Payment transaction card services
Financial credit services
Credit rating services
Credit checks
Debt counseling services
Debt management services
Credit financing
Providing of funding for credit sales
Credit arranging services
Credit agencies
Credit arrangement
Consultancy services relating to credit
Credit services.
The mark was filed in class 38 with following description of goods:
Telecommunications
Mobile telecommunications services
Internet based telecommunication services
Data communication services
Electronic transmission of data via a global remote data processing network, including the internet
Transmission of information from computer stored databases or via the internet in the field of financial services
Mail (electronic -), Sending and receiving of messages
Providing multi-user access to a secure computerised information network for the transfer and dissemination of a range of information in the field of financial affairs
Leasing access time to a computer database.
The mark was filed in class 42 with following description of goods:
Scientific and technological services and research and design relating thereto
Industrial analysis and industrial survey services
Design and development of computer hardware and software relating to the providing of financial services
Services in relation to computer programs and computer software for creating spread-sheets and, within the scope of such, the presentation of tables, graphs and charts, and in relation thereto for organizing and analyzing data, for home, education, business, and developer use are excluded from the aforementioned services.
The mark was filed in class 45 with Online social networking and on-line social networking services accessible by means of downloadable mobile applications..