The trademark zeseis was filed by ZEST GLOBAL FINANCIAL GROUP, S.A., a corporation established under the laws of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on May 4, 2022, and received one opposition filed on August 4, 2022 by Carl Zeiss AG on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by ELZABURU, S.L.P.
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Banking software
Payment software
E-payment software
Computer e-commerce software with the express exclusion of those related to the optical and ophthalmology sector
System and system support software, and firmware with the express exclusion of those related to the optical and ophthalmology sector
Utility, security and cryptography software with the express exclusion of those related to the optical and ophthalmology sector
Web application and server software with the express exclusion of those related to the optical and ophthalmology sector
Content management software with the express exclusion of those related to the optical and ophthalmology sector
Ecommerce and e-payment software
Computer software for database management with the express exclusion of those related to the optical and ophthalmology sector
Downloadable application software for smartphones with the express exclusion of those related to the optical and ophthalmology sector
Credit screening software
Software for facilitating secure credit card transactions
Computer software for biometric systems for the identification and authentication of persons
Computer communication software to allow customers to access bank account information and transact bank business
Machine learning software for finance
Application development software with the express exclusion of those related to the optical and ophthalmology sector
Financial management software
Application software with the express exclusion of those related to the optical and ophthalmology sector
Software platforms to allow users to collect money
Computer programmes relating to financial matters
Computer software relating to the handling of financial transactions
Electronic payment terminals
Firmware and device drivers with the express exclusion of those related to the optical and ophthalmology sector
Encoded magnetic cards
Magnetic payment cards
Electronic and magnetic ID cards for use in connection with payment for services
Cards encoded with security features for identification purposes
Identity cards, magnetic
Multifunction cards for financial services
Encoded cards for use in relation to the electronic transfer of financial transactions
Credit cards
Encoded credit cards
Magnetic credit cards
Banking cards [encoded or magnetic]
Magnetically encoded debit cards
Identification labels [encoded]
Identification labels [magnetic]
Downloadable e-wallets
Coin-operated mechanisms
Point of sale apparatus
Electronic payment terminals
Payment terminals, money dispensing and sorting devices
Terminals for electronically processing credit card payments
Automatic cheque reading apparatus
Money counting apparatus
Money sorting apparatus
Electronic machines for recording financial operations
Computer software applications, downloadable, with the express exclusion of those related to the optical and ophthalmology sector
Mobile apps with the express exclusion of those related to the optical and ophthalmology sector
Currency recognition machines
Coin change dispensers
Automatic coin and bank note dispensers
Security tokens [encryption devices]
Virtual currency
Downloadable crypto currency and digital currency
Downloadable cryptographic keys for receiving and spending cryptocurrency
Downloadable cryptographic keys for receiving and spending cryptocurrency
Electronic publications, downloadable with the express exclusion of those related to the optical and ophthalmology sector
Downloadable publications with the express exclusion of those related to the optical and ophthalmology sector
Software applications for computers and mobile telephones allowing secure payment, in particular based on the acquisition of a QR code.
The mark was filed in class 36 with following description of goods:
Processing of electronic payments
Electronic banking services
Home banking
Mobile banking services
Payment card services
Cash card services
Money ordering services
Bank card, credit card, debit card and electronic payment card services
Provision of prepaid cards and tokens
Credit and cash card services
Bank card services
Bank account and savings account services
Telephone banking services
Electronic payment services
Remote payment services
Payment processing
E-wallet payment services
E-wallet payment services
Debit card payment services
Processing payments made by charge cards
Payment and receipt of money as agents
Electronic funds transfer
Money transfer services utilising electronic cards
Electronic transfer of virtual currencies
Money exchange and transfer
Monetary transfer
Money deposit services
Virtual currency exchange operations
Providing multiple payment options by means of customer-operated electronic terminals available on-site in retail stores
Currency trading and exchange services
Foreign currency services.
The mark was filed in class 38 with following description of goods:
Telecommunication services
Computer communication and Internet access
Rental of telecommunication facilities
Electronic communication services for financial institutions
Electronic communication services for preparing financial information
Electronic communications services relating to credit card authorization
Provision of internet access services
Providing access to e-commerce platforms on the Internet
Providing access to investment and financial management platforms
Communication via computer terminals, by digital transmission or by satellite
Communications by computer terminals
Communications by computer terminals
Electronic transmission of data and documents via computer terminals and electronic devices
Providing communication services through the use of phone cards or debit cards.
The mark was filed in class 42 with following description of goods:
IT services
Software development, programming and implementation
Software as a service [SaaS]
Rental of computer software
Rental of financial management software
IT security, protection and restoration
Testing, authentication and quality control
Design services
Providing temporary use of on-line nondownloadable software for processing electronic payments
Hosting services, software as a service, and rental of software
Data duplication and conversion services, data coding services
Design of information systems relating to finance
Authenticating banknotes
Design and development of software in the field of mobile applications
All of the abovementioned services only relate to the online banking sector and are expressly excluded in relation to the optical and ophthalmology sector.