The trademark RFX POLAR POLARRFX was filed by BUYPOWER, S.L., a corporation established under the laws of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on July 28, 2022, and received one opposition filed on October 25, 2022 by Polar Electro Oy on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by KOLSTER OY AB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 25, 2022
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:
Virtual reality software for telecommunications
Digital solutions provider [DSP] software
Software for the redirection of messages
File sharing software
Computer databases
Media content
Recorded data files
Downloadable multimedia files
Interactive databases
Databases (electronic)
Downloadable media
Downloadable graphic design templates
Downloadable computer utility programs
Electronic publications, downloadable
Downloadable software applications
Downloadable electronic reports
Software downloadable from the internet
Downloadable cloud computing software
Downloadable mobile applications for the management of data
Downloadable mobile applications for the transmission of data
Downloadable mobile applications for the management of information
Downloadable applications for use with mobile devices
Downloadable mobile applications for the transmission of information
All of the aforesaid related to electronic procurement and purchasing management and not to be used in connection with fitness or health related goods”.
The mark was filed in class 42 with following description of goods:
Computer software design
Computer software consultancy
Software creation
Software engineering
Software development
Software customisation services
Updating of computer software
Updating of database software
Custom design of software packages
Maintenance and updating of computer software
Development of interactive multimedia software
Programming of software for inventory management
Design and development of multimedia products
Repair of software [maintenance, updating]
Providing online, non-downloadable software
Updating of software for data processing
Design and development of computer hardware and software
Providing temporary use of on-line non-downloadable single sign-on software
Providing temporary use of on-line non-downloadable software for the transmission of information
Providing temporary use of on-line non-downloadable software for the transmission of data
Providing temporary use of non-downloadable software to enable content providers to track multimedia content
Providing temporary use of non-downloadable software applications accessible via a web site
Providing temporary use of on-line non-downloadable operating software for accessing and using a cloud computing network
Development of computer software application solutions
Customized design of computer software
Design, development and implementation of software
Consultancy relating to the design and development of computer software programs
Development, updating and maintenance of software and database systems
Computer software development for others
All of the aforesaid related to electronic procurement and purchasing management and not to be used in connection with fitness or health related services”.