The trademark UP was filed by URBAN OUTFITTERS IRELAND LIMITED, a corporation established under the laws of Ireland (the "Applicant"). The application was published for oppositions on June 13, 2021, and received one opposition filed on September 9, 2021 by UP COOP on Likelihood of confusion. the opponent was represented by CASALONGA ALICANTE, S.L. and proceedings were handled in French, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 9, 2021
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Downloadable computer application software for mobile phones and mobile digital devices, namely, software that allows users to access coupons, incentive award program loyalty points, special offers, vouchers, savings and discount information
Downloadable computer application software for mobile phones and mobile digital devices, namely, software that enables tracking of accumulated rewards points
Downloadable computer application software for mobile phones and mobile digital devices, namely, software that allows users to access and electronically download price information, price-comparison information, product information and product reviews
Downloadable computer application software for mobile phones and mobile digital devices, namely, software that enables purchases of goods and services, that enables order fulfillment and shipment of goods on a regular, semi-regular or one-time basis, and that enables electronic payments for purchase of goods and services
The mark was filed in class 35 with following description of goods:
Customer loyalty services and customer club services, for commercial, promotional and/or advertising purposes
Administration, organisation, management, supervision and operation of incentive award programs for customers for the purpose of promoting and rewarding loyalty of retail customers
Administration, organisation, management, supervision and operation of incentive award programs to frequent retail customers for the purpose of promoting and rewarding loyalty through the distribution of awards and discounts
Customer club services in the nature of providing discounts to members in the field of retail services
Administration of a discount program for enabling participants to obtain discounts on goods and services through use of a discount membership card
Administration of a consumer membership program for enabling participants to receive product samples and discounts in the field of clothing, footwear, headwear, home decor, general house wares, furniture, cosmetics, personal care items, clothing and hair accessories, jewelry, handbags, electronics, rugs and gifts consisting of the aforementioned goods
Arranging and conducting incentive reward programs to promote the sale of clothing, footwear, headwear, home decor, general house wares, furniture, cosmetics, personal care items, clothing and hair accessories, jewelry, handbags, electronics, rugs and gifts consisting of the aforementioned goods.