The trademark HAPPYCARD was filed by SMARTBOX GROUP LIMITED, a corporation established under the laws of Ireland (the "Applicant"). The application was published for oppositions on September 5, 2021, and received one opposition filed on December 2, 2021 by VALUE ROYALTY LIMITED on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Pavlov Pavlov, Vasil and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 2, 2021
It was designated 'Basic Application' for International Application 1658802 at the World Intellectual Property Organization (WIPO).
The application was filed in French, and French 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 November 1, 2022. Change of name and professional address of the trademark registration was recorded on June 3, 2024.
The Opposition with reference B 003159709 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on November 9, 2023 by the EUIPO. The Appeal with reference B R0051/2024-4 was Trade mark application partially refused according to Article 8(5) EUTMR with decision issued on November 19, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Downloadable vouchers of value for the purchase of goods or services
Downloadable vouchers to be exchanged for goods or services
Downloadable gift vouchers for commercial or advertising purposes
Encoded prepaid payment cards
Encoded prepaid credit cards.
The mark was filed in class 16 with following description of goods:
Paper, cardboard
Printed matter
Photographs [printed]
Paper stationery
Adhesives for stationery or household purposes
Office requisites, except furniture
Teaching materials [except apparatus]
Plastic materials for packaging (not included in other classes) namely bags, sachets, films and sheets
Printing type
Printing blocks
Books
Periodicals
Booklets
Pamphlets
Catalogues
Newspapers
Magazines [periodicals]
Manuals [handbooks]
Journals
Printed matter
Albums
Informational letters
Publications
Prospectuses
Posters
Stickers [stationery]
Postcards
Envelopes
Writing paper
Cards
Tourist guides and maps
Folding maps
Signboards of paper or cardboard
Agendas
Note pads
Payment cards without magnetic coding of cardboard
Sympathy cards
Boxes of paper or cardboard
Boxes of cardboard as presentation boxes
Printed vouchers to be used for the purchase of goods or services
Printed vouchers to be exchanged for goods or services
Printed gift vouchers for commercial or advertising purposes
Pre-paid purchase cards, not magnetically encoded
Printable vouchers of value for the purchase of goods or services
Printable vouchers to be exchanged for goods or services
Printable gift vouchers for commercial or advertising purposes.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Computerized file management
Online advertising on a computer network
Publication and dissemination of advertisements and promotional and advertising texts
Publicity columns preparation
Dissemination of promotional and/or advertising matter, namely leaflets, prospectuses, printed matter, samples, gift boxes
Business management in the travel and tourism industry
Sales promotion for others
Promotion of goods and services (for others)
Selection of products and/or services (for others) with a view to their promotion
Organisation of competitions, activities, events, shows, trade fairs and exhibitions, for commercial, promotional and advertising purposes
Systemization of information into computer databases
Commercial information and advice for consumers [consumer advice shop]
Demonstration of goods
Retail services and Sale via the internet and Telephone shopping services, in relation the following goods: Boxes of cardboard to be used as gift boxes, Downloadable vouchers to be exchanged for the following goods or services: Temporary lodging, Beauty care, sporting and cultural events, Sporting and cultural activities
Retail services and Sale via the internet and Telephone shopping services, in relation the following goods: Boxes of cardboard to be used as gift boxes, Downloadable vouchers to be exchanged for the following goods or services: Educational and entertainment services, Wine and cookery workshops, leisure services
Retail services and Sale via the internet and Telephone shopping services, in relation the following goods: Boxes of cardboard to be used as gift boxes, Downloadable vouchers to be exchanged for the following goods or services: Articles of clothing, Foods and drinks, Restaurant and bar services, computer game, Cosmetics, Telecommunications products, Newspapers and magazines
Retail services and Sale via the internet and Telephone shopping services, in relation the following goods: Downloadable gift vouchers for obtaining the following goods and services: Temporary lodging, Beauty care, sporting and cultural events, Sporting and cultural activities, Educational and entertainment services, Wine and cookery workshops, leisure services, Articles of clothing, Foods and drinks, Restaurant and bar services, computer game
Retail services and Sale via the internet and Telephone shopping services, in relation the following goods: Downloadable gift vouchers for obtaining the following goods and services: Cosmetics, Telecommunications products, Newspapers and magazines
Retail services and Sale via the internet and Telephone shopping services, in relation the following goods: Encoded prepaid payment cards, Payment cards without magnetic coding of plastic or cardboard, encoded prepaid credit cards for use in purchasing the following goods and services: Temporary lodging, Beauty care, sporting and cultural events, Sporting and cultural activities, Educational and entertainment services, Wine and cookery workshops
Retail services and Sale via the internet and Telephone shopping services, in relation the following goods: Encoded prepaid payment cards, Payment cards without magnetic coding of plastic or cardboard, encoded prepaid credit cards for use in purchasing the following goods and services: leisure services, Articles of clothing, Foods and drinks, Restaurant and bar services, computer game, Cosmetics, Telecommunications products, Newspapers and magazines
Retail services and Sale via the internet and Telephone shopping services, in relation the following goods: Printed coupons for advertising or commercial purposes, Printed gift vouchers to be exchanged for the following goods or services: Temporary lodging, Beauty care, sporting and cultural events, Sporting and cultural activities
Retail services and Sale via the internet and Telephone shopping services, in relation the following goods: Printed coupons for advertising or commercial purposes, Printed gift vouchers to be exchanged for the following goods or services: Educational and entertainment services, Wine and cookery workshops, leisure services, Articles of clothing, Foods and drinks, Restaurant and bar services
Retail services and Sale via the internet and Telephone shopping services, in relation the following goods: Printed coupons for advertising or commercial purposes, Printed gift vouchers to be exchanged for the following goods or services: computer game, Cosmetics, Telecommunications products, Newspapers and magazines
Retail services and Sale via the internet and Telephone shopping services, in relation the following goods: Prepaid purchase cards, not magnetically encoded, for purchasing the following goods and services: Temporary lodging, Beauty care, sporting and cultural events, Sporting and cultural activities, Educational and entertainment services
Retail services and Sale via the internet and Telephone shopping services, in relation the following goods: Prepaid purchase cards, not magnetically encoded, for purchasing the following goods and services: Wine and cookery workshops, leisure services, Articles of clothing, Foods and drinks, Restaurant and bar services, computer game, Cosmetics, Telecommunications products, Newspapers and magazines
Retail services and Sale via the internet and Telephone shopping services, in relation the following goods: Travellers' cheques and Tokens for purchasing the following goods and services: Temporary lodging, Beauty care, sporting and cultural events, Sporting and cultural activities, Educational and entertainment services, Wine and cookery workshops
Retail services and Sale via the internet and Telephone shopping services, in relation the following goods: Travellers' cheques and Tokens for purchasing the following goods and services: leisure services, Articles of clothing, Foods and drinks, Restaurant and bar services, computer game, Cosmetics, Telecommunications products, Newspapers and magazines
Retail services and Sale via the internet and Telephone shopping services, in relation the following goods: Post cards, Envelopes, Stationery paper, Cards, guide books and tourist maps, Folding maps, Advertising signs of paper or cardboard, Diaries, notepads, Boxes (of cardboard or paper), Travelling trunks, Travelling sets (not fitted) (leatherware)
Invoicing by means of mobile or cellular telephones, promotion and advertising (communications) by means of mobile or cellular telephones
Business information by means of mobile or cellular telephones enabling users to optimise their relations with the trademark's goods and services
Management of customer accounts
Promotions and advertising with a view to securing the loyalty of customers
Sales promotion for others by means of customer loyalty services
Loyalty schemes, including but not only those linked to the use of a card
Services of a franchiser, namely business and industrial management assistance
Business services relating to the establishment of franchises
Franchising, namely services provided by a franchisor, in particular business management or operation assistance, technology transfer, namely transfer (supply) of commercial knowledge
Business management, namely business management assistance in the framework of franchise contracts
Administration of loyalty cards
Sales promotion for others through the distribution of gift vouchers.
The mark was filed in class 36 with following description of goods:
Insurance underwriting
Banking
Monetary affairs
Real estate affairs
Rental of real estate
Financial analysis
Mutual funds and capital investments
Financial consultancy
Issue and redemption of tokens of value
Issuance of credit cards
Issuance of travellers' cheques
Issue of tokens of value for the purchase of goods or services
Issuing vouchers redeemable for goods or services
Real estate management
Payment card services
Financial sponsorship
Issuing of payment cards of plastic or of cardboard
Issuing of prepaid magnetic encoded and/or plastic gift cards
Issuing of magnetic payment cards
Issuing of pre-paid cards and tokens of value
Issuing of gift tokens for advertising or business purposes.
The mark was filed in class 39 with following description of goods:
Tourism agencies for arranging of travel or sightseeing
Tour organising
Arranging of cruises
Arranging of excursions
Organization of sightseeing tours
Provision of tourist travel information
Booking of seats for travel
Flower delivery
Escorting of travellers
All the aforesaid services excluding services relating to vehicles.
The mark was filed in class 41 with following description of goods:
Entertainment services
Entertainment information
Organising of entertainment
Conducting of cultural activities
Arranging and conducting of cultural activities
Sporting activities
Arranging and conducting sporting activity
Leisure services
Organisation of recreational activities and conducting recreative activities
Teaching
Language courses
Organisation of teaching activities, Conducting of teaching activities
Arranging and conducting competitions, campaigns, events, shows, trade fairs and exhibitions for cultural or educational purposes
Ticket agency services [entertainment]
Booking and ticket agencies (entertainment), in particular online, for entertainment and leisure, in particular for shows, concerts, exhibitions, museums