The trademark Smartly was filed by Justinus Wagner, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on August 9, 2020, and received one opposition filed on November 9, 2020 by Target Brands, Inc. on Likelihood of confusion. the opponent was represented by CSY LONDON and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 9, 2020
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on August 1, 2021. Change of name and address of the trademark registration was recorded on April 11, 2022.
Goods And Services
The mark was filed in class 5 with following description of goods:
Dietetic preparations adapted for medical use in the form of supplement-gums and -capsules
Medicinal tea
Gum for medical purposes
Candy, medicated
Chewing gum for medical purposes.
The mark was filed in class 32 with Soft drinks.
The mark was filed in class 35 with following description of goods:
Retail services in relation to dietetic preparations exclusively in the form of supplement-gums and -capsules
Retail services in relation to teas
Retail services in relation to non-alcoholic beverages
Retail services in relation to tents
Online retail services in relation to tents
Retail services in relation to tarpaulins
Online retail services in relation to tarpaulins
Retail services in relation to musical instruments
Online retail services in relation to musical instruments
Retail services in relation to tobacco and tobacco products (including substitutes)
Online retail services in relation to tobacco and tobacco products (including substitutes)
Retail services in relation to fireworks
Online retail services in relation to fireworks
Retail services in relation to clocks
Online retail services in relation to clocks
Retail services in relation to jewels
Online retail services in relation to jewels
Retail services in relation to toys
Online retail services in relation to toys
Retail services in relation to vehicles
Online retail services in relation to vehicles
Retail services in relation to parts and fittings for vehicles
Online retail services in relation to parts and fittings for vehicles
Retail services in relation to furniture and furnishings
Online retail services in relation to furniture and furnishings
Retail services in relation to agricultural produce (Unprocessed -)
Online retail services in relation to agricultural produce (Unprocessed -)
Retail services in relation to unprocessed forestry products
Online retail services in relation to unprocessed forestry products
Retail services in relation to fuels
Online retail services in relation to fuel
Retail services in relation to carburants
Online retail services in relation to carburants
Retail services in relation to sound recording carriers
Online retail services in relation to sound recording carriers
Retail services in relation to electronic data carriers
Online retail services in relation to electronic data carriers.