The trademark XPAY was filed by XPay Holding AG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on August 11, 2021, and received one opposition filed on September 15, 2021 by MAXPAY LIMITED on Likelihood of confusion. the opponent was represented by Santos RodrÃguez, Sandra and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 15, 2021
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Deletion of the representative of the trademark registration was recorded on January 3, 2024.
The Appeal with reference B R0148/2023-4 was Trade mark application partially refused according to Article 8(1)(b) EUTMR with decision issued on July 1, 2024 by the EUIPO. The Opposition with reference B 003154760 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on December 5, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Software
Software for managing and accessing financial and bank accounts and conducting financial transactions
Software for the electronic processing of financial transactions, in particular for conducting electronic financial transactions, managing financial data, accessing bank account information and for facilitating and enabling credit card transactions
Computer hardware and software [recorded and/or downloadable] for facilitating and managing payments, banking, credit cards, debit cards, payment cards, automated teller machines [ATM]
Computer hardware and software [recorded and/or downloadable] for facilitating and managing saved values, electronic money transfer services, electronic payments, electronic processing and transmission of bill payment data, cash disbursement, transaction authentication, routing, authorisation and billing services, fraud detection and control, emergency recovery and encryption services
Computer hardware and software for facilitating payment transactions by electronic means via wireless networks, global computer networks and/or mobile telecommunications devices
Computer hardware and Cryptography software, Encryption keys, Digital certificates, Digital signatures, software for secure data storage and retrieval and transmission of confidential customer information
Payment card readers
Telecommunication equipment
Data storage devices and media, Including the following goods: Encoded smart cards, Bank cards, Customer cards, Debit cards, Credit cards, Prepaid cards and gift cards.
The mark was filed in class 35 with following description of goods:
Advertising, marketing and promotional services
Business management
Business administration
Office functions services
Loyalty, incentive and bonus program services
Promoting the sale of the goods and services of others by means of rewards and incentives generated in connection with the use of credit, debit and payment cards
Business consultancy and advisory services, including the following services: Business analysis, research and information services
Management of customer profile information for commercial purposes
Market research
Tracking, analyzing, forecasting and reporting cardholder purchase behavior
Providing of business statistical information
Data handling services
Data verification.
The mark was filed in class 36 with following description of goods:
Finance services
Financial banking, Monetary affairs and Banking, including the following services: Financial remittance, Financial transactions and Bill paying services and Financial information services and Financial advisory services And providing of financial data
Payment card services, including the following services: Credit card and debit card services
Financial operations relating to the promotion, dissemination and management of loyalties
Provision of prepaid cards and tokens.
The mark was filed in class 38 with following description of goods:
Telecommunication services
Computer communication and Internet access, including the following services: Data transmission, Transmission of electronic mail and Provision of access to content, websites and portals
Transmission of data, messages and information Including in the field of finance
Leasing of access time to a computer database
Consultancy, information and advisory services to all the aforesaid services.
The mark was filed in class 42 with following description of goods:
IT services, including the development of computer software, programming and implementation thereof
Maintenance of computer software
Hosting services, software as a service, and rental of software
Data duplication and conversion services, data coding services.