The trademark OPTO was filed by Stream Finance GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on August 6, 2023, and received one opposition filed on November 6, 2023 by Kuecker Pulse Integration, L.P. on Likelihood of confusion. the opponent was represented by HERRERO & ASOCIADOS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 6, 2023
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Downloadable computer software for use in logistics, supply chain
Downloadable software provided directly or through integration with third parties relating to fleet management, management and administration of truck drivers and freight transportation
Downloadable computer software which enables truck drivers and operators to process payments, cash flow, expense tracking, insurance coverage and create and process invoices
Computer software for processing electronic payments and for transferring funds to and from others
Computer software for submitting receipts regarding payment transactions
Mobile application software for processing electronic payments and for transferring funds to and from others
Computer hardware for making, authenticating, facilitating, operating, managing, and processing payment transactions with credit cards, debit cards, prepaid cards, payment cards, fuel cards, and other payment forms
Enterprise Resource Planning software for use in managing logistic and supply chain operations
Software relating to proof of delivery management
Telemetry devices for recording and transmission of data for monitoring and analysis purposes.
The mark was filed in class 35 with Processing of employee salaries.
The mark was filed in class 36 with following description of goods:
Financial services relating to logistics and supply chain
Payment processing
Contactless payment services
Financial payment services
Payment card services
Payment administration services
Remote payment services
Automated payment services
Payment transaction card services
Electronic commerce payment services
E-wallet payment services
Conducting cashless payment transactions
Processing of electronic payments
Processing of debit and credit card payments
Processing payments made by charge cards
Financial transfers and transactions, and payment services
Collection of payments for goods and services
Processing electronic payments made through prepaid cards
Processing of payment transactions via the internet
Electronic processing payments via a global computer network
Providing credit card, corporate cards, debit cards, charge card and stored value prepaid card services
Financial transaction services
Providing financial transaction and payment card services for purchasing motor fuels, petroleum products, electronic vehicle charging and other vehicle related goods and services
Financial lending in relation to corporate loans
Buy now pay later services offered via third parties to allow deferment of payment
Managing and organising financial transactions
Payment processing services
Credit card services
Debit card services
Cash card services
Electronic cash transactions
Electronic funds transfer
Processing payments for the purchase of goods and services via an electronic communications network.
The mark was filed in class 42 with following description of goods:
Software as a service (SaaS) services featuring software for use in logistics and supply chain management
Providing online non-downloadable software which enables truck drivers and operators to assist with payments, logistics, supply chain, cash flow, expense tracking, insurance coverage and invoices
Providing temporary use of web based applications to view expense dashboards, manage debit cards, manage logistics and supply chain
Software as a service (Saas) services relating to fleet management, management and administration of truck drivers and freight transportation, creation and processing of invoices.