The trademark application smart points was filed by Smart Points sp. z o.o., a corporation established under the laws of the Republic of Poland (the "Applicant"). Application refused.
The application was filed in Polish (English was selected as the second language).
The Appeal with reference B R2189/2020-1 was Application rejected according to Article 7(1)(b) EUTMR with decision issued on May 9, 2021 by the EUIPO. The Refusal with reference B 018240135 was Rejected according to Article 7(1)(b) EUTMR with decision issued on September 22, 2020 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Business software
Office software
Enterprise software
Web server software
Web application and server software
Web application software
Retail software
Computer e-commerce software
Computer e-commerce software to allow users to perform electronic business transactions via a global computer network
Software
Communication software
Logistics software
Map software
Business technology software
Computer software for use as an application programming interface (API)
Computer software for application and database integration
Mobile apps
Downloadable software applications
Office and business applications.
The mark was filed in class 35 with following description of goods:
Administrative support and data processing services
Negotiation of commercial transactions for third parties
Negotiation and conclusion of commercial transactions for third parties
Negotiation and conclusion of commercial transactions for third parties via telecommunication systems
Assistance relating to business organisation
Business assistance
Mediation of trade business for third parties
Mediation and conclusion of commercial transactions for others
Provision of commercial information
Arranging of commercial and business contacts
Arranging of trading transactions and commercial contracts
Arranging of contracts, for others, for the providing of services.
The mark was filed in class 39 with following description of goods:
Transportation information
Tracking and tracing of shipments
Tracking and tracing services for letters and parcels
Cargo tracking services
Mail delivery
Delivery of mail by courier
Delivery and forwarding of mail
Mail delivery and courier services
Delivery by road
Delivery of parcels by land
Delivery of goods
Collection of goods
Pickup and delivery of parcels and goods
Collection, transport and delivery of goods, documents, parcels and letters
Arranging transportation of goods
Arranging the collection of goods
Arranging the shipping of goods
Arranging the delivery of goods by post
Carting of goods
Freight [shipping of goods]
Haulage services
Transportation and delivery of goods
Carting
Transport of goods
Collection, transport and delivery of goods
Shipping services
Advisory services relating to the handling of goods
Information services relating to the transportation of goods
Agency services for arranging the transportation of goods
Advisory services relating to the tracking of goods in transit
Haulier (Services of a -)
Shipping agency services
Shipping
Transport services
Transport brokerage
Shipping agency services for arranging the transportation of goods
Freight and transport brokerage
Computerised transport information services.
The mark was filed in class 42 with Software as a service [SaaS] and Programming of software for information platforms on the Internet..