The trademark Pennywise was filed by PWDR B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on October 27, 2021, and received undefined oppositions.
Opposition Proceedings
There are undefined Oppositions claimed against trademark.
The first opposition filed on January 27, 2022 by WISE PAYMENTS LIMITED on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by MIIP MADE IN IP and its proceedings were handled in English The second opposition filed on January 19, 2022 by PENNYLANE on Likelihood of confusion. the opponent was represented by INLO and its proceedings were handled in English
The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003162479 was rejected according to Article 8(1)(b) EUTMR with decision issued on May 9, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Financial management software and Financial management applications
Downloadable computer software in the form of mobile applications (apps) for use on mobile telephones, smartphones, notebook computers, computers and media players
Computer software that can be downloaded via the internet and wireless devices, streamed files and downloadable data files
Database server software
Data communications software
Intelligent gateways for real-time data analysis
Application software for cloud computing services
Computer software for application and database integration
All the aforementioned goods excluding electronic transfer of funds, foreign currency exchange and transfers trading, and the provision of credit or debit card services.
The mark was filed in class 36 with following description of goods:
Financial investment management services, via the Internet
Financial analysis
Financial planning services
Providing web-based, automated and customised personal financial management services, namely management of personal financial accounts, daily monitoring of financial transactions and account balances, and costing and expenditure reports
Consultancy and information regarding the aforesaid services, including via electronic networks, such as the Internet, Via an internet platform or via social media
All the aforementioned services excluding electronic transfer of funds, foreign currency exchange and transfers trading, and the provision of credit or debit card services.
The mark was filed in class 38 with following description of goods:
Telecommunications, including the temporary storage and transmission of information and data by electronic means
Providing access to computer databases and computer networks and servers (service providers)
Transmission of database information via telecommunications networks
Provision of access to content, websites and portals
Access to a platform for conducting financial transactions
Electronic and interactive communication services
Making available telecommunications facilities for searching for, retrieving, indexing, linking and classifying data via the Internet and other similar networks
Consultancy and information relating to the aforesaid services, including via electronic networks, including the internet, an internet platform or via social media.
The mark was filed in class 42 with following description of goods:
Design, Creation, Servicing, Updating, Upgrading and Implementing, in the following fields: Computer software and computer software packages for screening, collection, systematisation, analysis, interpretation, storage and processing of data for personal financial management services
Development and testing of computing methods, algorithms and software
Database design and development and Designing and developing data storage
Computer programming services for algorithm-driven investment services
Temporary providing of non-downloadable computer software for analysing data and generating reports
Conversion of computer programs and data, other than physical conversion
Hosting services, software as a service, and rental of software
Design and management of computer software for personal financial management services
Temporary storage of information and data via electronic channels
Consultancy and information relating to the aforesaid services, including via electronic networks, including the internet, an internet platform or via social media.