The trademark SmartFlow Oszczędności płyną z danych was filed by Future Processing S.A., a corporation established under the laws of the Republic of Poland (the "Applicant") and Miejskie Przedsiębiorstwo Wodociągów i Kanalizacji S.A., a corporation established under the laws of the Republic of Poland (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on December 21, 2023, and received one opposition filed on March 20, 2024 by EBARA PUMPS IBERIA, S.A. on Likelihood of confusion. the opponent was represented by ROEB Y CIA, S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 20, 2024
The application was filed in Polish, and Polish 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:
Programs for computers
Software
Computer software for the monitoring and management of water supply networks
Measuring, signalling
Apparatus for controlling
Digital measuring apparatus
Digital apparatus for measuring water flow
Data processing equipment
Sensors
Sensors for water supply networks
Electronic devices
Computers
Data processing apparatus
Communications equipment.
The mark was filed in class 35 with following description of goods:
Management of shops and wholesale outlets for the following goods: Computer programs, Electronic apparatus, Computers, peripherals, Telecommunication equipment, Office apparatus
Advertising
Cost price analysis
Business investigations
Business inquiries
Marketing research
Business research
Business management consultancy
Business management consultancy in the field of information technology
Business information
Business management assistance
Systemization of information into computer databases
Providing business information via a web site
Business consulting
Business efficiency expert services
Compilation of information into a computer database
Business consulting
Business advisory relating to energy networks.
The mark was filed in class 37 with following description of goods:
Installation, maintenance and repair of computer hardware
Installation, maintenance and repair of the following goods: Of computers and Peripherals
Repair and maintenance of machinery
Repair and maintenance of the following goods: Optical apparatus
Repair and maintenance of electrical apparatus
Maintenance and repair of electronic apparatus
Installation of industrial machinery.
The mark was filed in class 41 with Training provision services.
The mark was filed in class 42 with following description of goods:
Measuring of water flow in water supply systems
Management of water supply systems
Collection of water flow data
Analysis of water supply system data
Monitoring of water supply systems
Pressure measurement, Measuring of flow rate, flow speed, temperature and battery voltage
Monitoring of pumping stations and water-pumping rooms
Localisation of water supply system failures
Leak detection
Reading of flow meters
Optimisation of water consumption
Computer software consultancy
Services in the field of computer technologies
Technological consultancy
Information technology [IT] consultancy
Consultancy in the design and development of computer hardware
Consultancy in the field of computers
Engineering consultancy services, in relation to the following goods: operation of computers, Providing information on computer technology and programming via a web site
Installation of computer software
Maintenance of computer software
Conversion of computer programs and data, other than physical conversion
Monitoring of computer systems by remote access
Monitoring of computer systems to detect breakdowns
Software as a service, Research and development of new products for others