The trademark T BUSINESS was filed by TELEPASS S.P.A., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on April 12, 2021, and received one opposition filed on July 11, 2021 by Deutsche Telekom AG on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by HOGAN LOVELLS INTERNATIONAL LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 11, 2021
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
Change of name and address of the trademark registration was recorded on May 5, 2021. Appointment and Replacement of representative of the trademark registration was recorded on April 3, 2022.
Goods And Services
The mark was filed in class 9 with following description of goods:
Geolocation applications and software
Apparatus and instruments for geolocation
Apparatus and instruments for geolocation via satellite
Global Positioning System [GPS] apparatus
Navigation apparatus and instruments
Satellite navigational apparatus
Electronic payment terminals
Apparatus for electronic payment processing
Satellite aerials
Magnetic coded card readers
Magnetic coded credit cards
Encoded loyalty cards
Electronic identification cards
Electronic chip cards for the location and tracking of goods, vehicles or people
Magnetic cards for the purposes of activating on-board equipment, identifying the user and storing payment transactions
Prepaid encoded magnetic cards
Electronic toll collection systems
Coin-operated mechanisms
Software
Encoded loyalty cards.
The mark was filed in class 35 with following description of goods:
Subscription to an application for managing payments for unexpected events or ancillary services relating to the mobility of vehicles and citizens
Administration of telecommunications networks relating to geolocation
Collection, processing and analysis of data in a central file
Creation of databases containing information on the geographical position, movements and mobility of vehicles and citizens
Computerised invoicing
Computerised drawing up of invoices (office functions) for tolls.
The mark was filed in class 36 with following description of goods:
Issuing of magnetic and/or chip cards with charge and payment functions
Issuance of magnetically encoded credit cards
Processing financial transactions using magnetic and/or chip cards
Financial analysis for making comparisons between planned and actual data, for cost monitoring and cost control
Execution of payments for unexpected events or ancillary services relating to the mobility of vehicles and citizens
Making payments
Collection and payment of tolls
Credit card payment services
Electronic payment services.
The mark was filed in class 37 with Installation, repair and maintenance of toll payment systems and installations.
The mark was filed in class 38 with following description of goods:
Telecommunications for use in geolocation, navigation and making payments
Providing of telecommunications infrastructures required for geolocation services
Transmission of messages and data by means of telecommunications media for geolocation, navigation and payment for unexpected events or ancillary services relating to the mobility of vehicles and citizens
Transmission of messages and data by means of telecommunications media of all kinds for geolocation, navigation and making payments
Transmission of data obtained via a global positioning system (GPS) for the purpose of tracking the movements and mobility of vehicles and citizens
Electronic transmission of data relating to transactions involving credit cards and electronic payments via global computer networks
Communications by cellular phones
Providing of online discussion forums relating to geolocation and navigation
Providing of access to databases containing information on the position, movements and mobility of vehicles and citizens
Providing access to platforms on the internet and mobile internet
Providing access to platforms and portals on the Internet
Telecommunications (services on behalf of third parties).
The mark was filed in class 39 with following description of goods:
Locating, detecting and monitoring the mobility of vehicles and citizens
Locating of vehicles by means of mobile application software for geolocation
Information regarding traffic and parking
Consultancy in relation to transport and travel services provided by call centres and telephone helpdesks
Travel information
Providing travel information via global computer networks
Providing travel information via a website
Providing transport and travel information via mobile telecommunications apparatus and devices
Providing of road and traffic information
Cash replenishment of automated teller machines
Towing and transport of cars as part of vehicle breakdown services
Global Positioning System navigation services
Tracking of passenger or freight vehicles by computer or via GPS
Transport.
The mark was filed in class 42 with following description of goods:
Design and development of computer systems, software and applications in relation to geolocation, navigation, traceability and mobility of vehicles and citizens
Update, maintenance and installation of computer software
Computer programming
Design and development of computer software for navigation systems (GPSs and/or satellite systems)
Engineering services
Research and development (for others)
Surveying relating to systems for geolocation and navigation
Scientific and technological services and research and design relating thereto
Industrial analysis and research services
Design and development of computer hardware and software (services for others)
None of the aforesaid services relating to services for collecting tolls on urban and suburban motorways.