The trademark was filed by Eurotoll, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on March 10, 2021, and received one opposition filed on June 10, 2021 by Enterprise Holdings, Inc. on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by LEWIS SILKIN IRELAND and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 10, 2021
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Encoded magnetic cards
Satellite transceivers
Magnetic cards for carrying data
Electronic global positioning systems
Global Positioning System [GPS] apparatus
Software for GPS navigation systems
Two-way radios
Electronic terminals for highway toll collection
GPS transmitters
Data exchange units
Printed cards [magnetic]
GPS receivers
Software for satellite navigation systems
Global positioning instruments
Electronic control units
Multiport transceivers
Satellite navigational apparatus
Magnetically encoded cards for carrying data
Magnetic strip cards
Intercommunication satellites
Transponders equipped with in-vehicle electronic payment
Wireless transmitters
Motion controllers
Electronic Toll Collection [ETC] systems.
The mark was filed in class 35 with following description of goods:
Online advertisements
Business management
Business management analysis
Advertising and marketing
Advertising
Business management consultancy and advisory services
Business management supervision
Assistance and consultancy relating to business management and organisation
Management advice.
The mark was filed in class 36 with following description of goods:
Electronic toll collection services
Electronic payment services
Processing payments for the purchase of goods and services via an electronic communications network
Tax and duty payment services
Processing charge card transactions for others
Instalment loans
Collection of payments for goods and services
Collection of payments
Payment processing.
The mark was filed in class 38 with following description of goods:
Transmission of pictures by satellite
Value added network [communication] services
Communication via computer terminals, by digital transmission or by satellite
Electronic data interchange services
Telecommunications by computer terminals, via telematics, satellites, radios, telegraphs, telephones
Provision of telecommunication facilities
Electronic exchange of data stored in databases accessible via telecommunication networks
Communication services by satellite
Transmission of data, sound and images via satellites
Provision of communications facilities for interchange of electronic data
Satellite transmission of sounds, images, signals and data
Communications services for the exchange of data in electronic form
Provision of communications facilities for the interchange of digital data
Provision of communication facilities for the interchange of data by electronic means.
The mark was filed in class 39 with following description of goods:
Provision of transportation tariff information
Provision of information relating to the transportation of passengers
Services for the provision of information relating to motor transport
Transportation information
Information services relating to guarded transport
Provision of information relating to road transport
Provision of information relating to the transport of freight
Tracking of passenger vehicles by computer or via GPS
Tracking of passenger or freight vehicles by computer or via GPS
Fares (Provision of information relating to -)
Information services relating to the transportation of goods
Advisory services relating to road transportation
Professional consultancy relating to transport
Global Positioning System navigation services
Consultancy services relating to transportation.
The mark was filed in class 42 with following description of goods:
Quality control of services
Quality control
Consultancy and information services relating to information technology architecture and infrastructure
Encoding of magnetic cards
Inspection of apparatus
Providing computer facilities for the electronic storage of digital data.