The trademark KarmaPay CHARITY PAYMENTS was filed by Agentour25 Dienstleistungs GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on November 14, 2022, and received one opposition filed on February 9, 2023 by SWAPPOINT AG on Likelihood of confusion. the opponent was represented by HEUKING KÜHN LÜER WOJTEK and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 9, 2023
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on April 5, 2023.
The Opposition with reference B 003190026 was refused according to Article 8(1)(b) EUTMR with decision issued on February 21, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer programs [downloadable software], for use in the following fields: Processing of electronic payments
Mobile application software, for use in the following fields: Processing of electronic payments, Transfer of money to and from others
Downloadable computer software for enabling the electronic transfer of money between users
Downloadable computer software for use in transactions with retailers, merchants, and vendors
Computer software for storing, transmitting, verifying and authenticating payment and transaction information
Computer software, for use in the following fields: Creation, preparation, administration, sending, processing, tracking and reconciling of invoices
Computer software relating to the handling of financial transactions
Computer programmes relating to financial matters
Computer software, in relation to the following fields: Collection of donations
Mobile apps
Authentication software.
The mark was filed in class 35 with following description of goods:
Advertising
Advertising, in relation to the following fields: Services for creating customer loyalty
Business management
Business administration
Charitable advertising
Business consultancy and advisory services, in relation to the following fields: Marketing for fundraising
Business consultancy services relating to management of fund raising campaigns
Loyalty, incentive and bonus program services
Creation, preparation, administration, sending, processing, tracking and reconciling of invoices.
The mark was filed in class 36 with following description of goods:
Finance services
Finance services, Especially Electronic funds transfer
Clearing and reconciling financial transactions
Financial transfers and transactions, and payment services
Financial payment services
Payment transaction services
Electronic funds transfer
Providing of mobile electronic payment services, for others
Providing of payment and financial services
Charitable Fundrasing
Charitable fund raising
Collection, financial administration and distribution of donations
Financial sponsorship of charitable organisations
Collecting funds, for others, in particular for charitable organisations
Holding of funds in trust, for others
Fundraising, Especially For non-profit organisations
Consultancy and information in connection with all the aforesaid services
Providing of information in relation to charitable fund raising.
The mark was filed in class 42 with following description of goods:
Software as a service (SaaS)
Platform as a service (PaaS) services
Providing temporary use of on-line non-downloadable software
Providing temporary online use of non-downloadable software, for use in the following fields: Electronic payment transaction processing
Providing temporary use of online software for use in transactions with retailers, merchants, and vendors
Providing temporary use of online software that enables users to create, for use in the following fields: Transferring, processing, facilitating, verifying and authenticating payment and transaction information
Providing of temporary use of non-downloadable online software for the creation, preparation, administration, sending, processing, tracking and reconciling of invoices
Providing temporary use of online software that enables users to create, for use in the following fields: Fund-raising, Management and distribution of funds
Providing temporary use of online software that enables users to create, for use in the following fields: Promotion of charitable organisations
Providing of online non-downloadable authentication software.