The trademark HEYBLU was filed by HeyBlu IFN S.A., a corporation established under the laws of Romania (the "Applicant"). The application was published for oppositions on March 17, 2022, and received one opposition filed on June 19, 2022 by Fontem Holdings 4 B.V. on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Allen Overy Shearman Sterling LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 19, 2022
The application was filed in Romanian, and Romanian was also language of all opposition proceedings (English was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on June 29, 2022. Change of name and address of the trademark registration was recorded on October 9, 2022. Change of name and address of the trademark registration was recorded on October 16, 2022. Relative errors of the trademark registration was recorded on September 20, 2023. A transfer of the trademark registration was recorded on October 5, 2023.
Goods And Services
The mark was filed in class 9 with following description of goods:
Apparatus for recording, transmission or reproduction of sound or images
Magnetic data media
Data storage media devices
Encoded magnetic cards
Electronic payment terminals, electronic wallets
Apparatus used for ensuring the security of banking operations and for electronic data transfer
Biometric identification and authentication apparatus and systems
Identification terminals and software for identification by means of biometric data
Computer hardware and encrypting software
Software
Application software
Payment software
E-commerce and e-payment software
Computer software for processing electronic payments and for transferring funds to and from others
Authentication software for controlling access to and communications with computers and computer networks
Credit cards and payment cards (magnetic)
Computer software relating to the handling of financial transactions
Computer programs relating to financial matters
Financial management software
Software for facilitating secure credit card transactions
Computer software for digital certificates, Software for digital signatures, Software for the inviolable storage of data, retrieval and transmission of confidential information to customers, used by individuals and banking and financial institutions
Computer software applications for computers and mobile telephones allowing the automatic management of discount coupons, the bringing together and management of loyalty cards, and the digitisation of payment receipts
Computer software applications for computers and mobile telephones allowing the storage of documents and information and the receiving of promotional offers
Computer software applications allowing clients to be dealt with directly, for the purpose of sales, marketing or customer service
Information technology and audio-visual, multimedia and photographic devices
None of the aforesaid goods relating to: chargers for electronic cigarettes, chargers for smokeless vaporisers, chargers for electronic devices for heating tobacco, firmware or software for electronic cigarettes, smokeless vaporisers and devices used for heating tobacco, cooling installations for tobacco, electronic cigarettes, smokeless vaporisers, electronic devices for heating tobacco, flavours or liquids for electronic cigarettes, smoking cessation devices, vaping devices.
The mark was filed in class 35 with following description of goods:
Advertising
Publication of advertising literature
Direct mail advertising
Dissemination of advertising matter
Marketing
Online advertising on a computer network
Advertising by mail order
Assistance to commercial or industrial firms in the conduct of their business
Business management
Administrative management and supervision of telecommunications networks and multimedia networks
Advisory services and information in business organization and management
Cost price analysis
Market research
Opinion polling
Price comparison services
Compilation of statistics
Public relations services
Demonstration of goods
Presentation of goods on communication media, for retail purposes namely sales promotion
Commercial information and advice for consumers in the choice of products and services
Tracking, analysis, forecasting and reporting of card holder behaviour for business purposes
Administrative processing of purchase orders
Organisation of exhibitions and trade fairs for commercial or advertising purposes
Computerized file management
Collection and systematic ordering of data in a central file
Promotional offers, namely sales promotion for others
Organisation and management of business operations to obtain customer loyalty in particular by means of loyalty cards
Sales promotion for others, through the issuing of loyalty cards enabling points to be accumulated through purchases and enabling gift vouchers, promotional offers and gift items to be received
Sales promotion for others, through the providing of promotional offers to customers using a payment card or electronic payment method, in particular by computer or mobile telephone
Economic research services
Sales promotion, for others, by means of issuing loyalty cards or payment cards enabling points to be accumulated through purchases and enabling gift vouchers, promotional offers and free gifts to be received
None of the aforesaid services relating to: batteries or chargers for electronic cigarettes, batteries or chargers for smokeless vaporisers, batteries or chargers for electronic devices for heating tobacco, firmware or software for electronic cigarettes, smokeless vaporisers and devices used for heating tobacco, cooling installations for tobacco, electronic cigarettes, smokeless vaporisers, electronic devices for heating tobacco, flavours or liquids for electronic cigarettes, smoking cessation devices, vaping devices.
The mark was filed in class 36 with following description of goods:
Financial, monetary and banking services
Insurance underwriting
Financial, banking and monetary affairs
Financing and loan services
Stockbroking agency services
Capital investment
Electronic payment services
Bank, credit and debit card services, Bill paying services, prepaid stored value card services and Services related to other cards, cheque services offering financial advantages
Online banking accessible via the internet and telecommunications networks of all kinds, including via mobile phone
Issuing of gift cards and gift tokens
Issuing of discount coupons
Issuance of travellers' cheques
Insurance and financial consultancy
Assessment services and risk management for others in the field of consumer credit
Financial sponsorship
Arranging of payment for supplying gifts and products or services of all kinds by issuing, distributing and exchanging gift vouchers, tickets, cheques, coupons, counterfoils, prepaid cards or credit cards or any other means of payment, in particular via computer networks or by telephone
Secure payment and financing provided via a telephone or a computer terminal
Payment by means of biometric authentication
Payment authorisation, verification, and payment transaction processing
Processing of transactions given in virtual currencies, for others
Financial services relating to the possession of loyalty cards or payment cards
Loyalty card payment services
Finance services
Computerised financial services
Financial payment services
Financial exchange
Financial information
Financial intermediary services
Investment services
Financial advisory services
Computerised financial advisory services
Financial advisory services for companies
Financial advisory services for individuals
Financial advice and consultancy services
Investment banking services
None of the aforesaid services relating to: batteries or chargers for electronic cigarettes, batteries or chargers for smokeless vaporisers, batteries or chargers for electronic devices for heating tobacco, firmware or software for electronic cigarettes, smokeless vaporisers and devices used for heating tobacco, cooling installations for tobacco, electronic cigarettes, smokeless vaporisers, electronic devices for heating tobacco, flavours or liquids for electronic cigarettes, smoking cessation devices, vaping devices.
The mark was filed in class 38 with Telecommunication services.
The mark was filed in class 42 with following description of goods:
Technical research
Quality control
Surveying
Conducting technical project studies
Technical project studies, in relation to the following fileds: Websites, E-commerce
Technical studies in relation to providing websites and computer systems, in relation to the following fileds: E-commerce and Electronic payment
Computer programming
Computer system design
Design, installation, updating and maintenance of computer software
Development (design), installation, updating, maintenance and rental of computer software in the financial, banking, monetary, real estate, stock market, savings and insurance fields
Providing, for temporary use, of online, non-downloadable computer software for processing electronic payments
Providing, for temporary use, of online non-downloadable authentication software for controlling access to and communication with computers and computer networks
Rental of computers and computer software
Computer and software consultancy
Technical computer consultation
Analysis for computer system installation
Recovery of computer data
Research and development of new products for others
Protection of computers or computer networks against computer viruses and hacking
Studies, consultancy, information, advice and assistance relating to computer security
Development of systems enabling payment transactions via the internet, computer or mobile telephone
Development of systems enabling payment transactions using electronic money
Design of applications for computers and mobile telephones enabling secure payment transactions
Electronic monitoring of credit card activity to detect fraud via the internet
Providing of temporary use of online non-downloadable mobile application computer software for financial transactions
Providing of temporary use of online non-downloadable computer software for hosting services
Software as a service for financial transactions
Computer security assurance and administration of digital keys and digital certificates, Monitoring of computer systems for security purposes
None of the aforesaid services relating to: batteries or chargers for electronic cigarettes, batteries or chargers for smokeless vaporisers, batteries or chargers for electronic devices for heating tobacco, firmware or software for electronic cigarettes, smokeless vaporisers and devices used for heating tobacco, cooling installations for tobacco, electronic cigarettes, smokeless vaporisers, electronic devices for heating tobacco, flavours or liquids for electronic cigarettes, smoking cessation devices, vaping devices.