The trademark MailTalk was filed by Ningbo Waike Network Technology Co., Ltd., a corporation established under the laws of the People's Republic of China (the "Applicant"). The application was published for oppositions on September 21, 2021, and received one opposition filed on December 21, 2021 by ASSOCIATED NEWSPAPERS LIMITED on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by BIRD & BIRD LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 21, 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:
Computer software for communicating with users of hand-held computers
Computer software downloaded from the internet
Freeware
Instant messaging software
Downloadable instant messaging software
Electronic mail terminals
Computer software applications, downloadable
Downloadable computer software
Graphical user interface software
Application software
Computer software for controlling and managing access server applications
Computer software for business purposes
Computer software for use in providing multiple user access to a global computer information network
Computer software for wireless network communications
Electronic mail servers
Software for ensuring the security of electronic mail
Internet messaging software
Software
Computer software programs
Communication software
None of the aforesaid related to the publication of printed or online magazines, periodicals and journals.
The mark was filed in class 38 with following description of goods:
Providing multiple-user access to a global computer information network
Internet communication
Interactive communication services
Transmission of messages and images
Transmission of digital audio and video broadcasts over a global computer network
Automatic transfer of digital data using telecommunications channels
Electronic transmission of instant messages and data
Forwarding messages of all kinds to Internet addresses [web messaging]
Transmission of information on-line
Providing internet chatrooms
Providing Internet chat lines
Electronic mail and messaging services
Transmission of electronic mail
Electronic mail and mailbox services
Electronic mailing services
Transmission of short messages
Chatroom services for social networking
Network conferencing services
Electronic communication by means of chatrooms, chat lines and Internet forums
Electronic transmission of mail and messages
None of the aforesaid related to the publication of printed or online magazines, periodicals and journals.