003322856

UNITY

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August 25, 2003

Trademark Summary

The trademark UNITY was filed by IDT CORPORATION, a U.S. corporation (the "Applicant"). The application was published for oppositions on October 17, 2004, and received one opposition filed on January 17, 2005 by Unity AG on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 17, 2005

The application was filed in English, and English was also language of all opposition proceedings (Spanish was selected as the second language).

Cancellation Proceedings

A total of undefined cancellation proceedings were initiated against the trademark registration in 2006.The first Cancellation was filed by Unity AG (represented by ???) on January 20, 2009 and Final decision – EUTM fully cancelled.

Change of name and professional address of the trademark registration was recorded on August 26, 2007. Application for revocation or for a declaration of invalidity of the trademark registration was recorded on May 18, 2008. Partial Surrender of the trademark registration was recorded on July 25, 2010. Decisions on applications for revocation or for a declaration of invalidity of the trademark registration was recorded on July 29, 2010.

The Opposition with reference B 000785230 was rejected according to null with decision issued on March 26, 2006 by the EUIPO. The Cancellation with reference B 000001997 was EUTM cancelled according to Article 53(1)(a) - 8(1)(b) CTMR with decision issued on April 7, 2008 by the EUIPO.

The application claimed as seniority of the United Kingdom of Great Britain and Northern Ireland trademark 2210601 registered on March 22, 2001 and filed on October 5, 1999 which was abandoned by the office.

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Goods And Services

• The mark was filed in class 9 with Telephone cards and mobile cards, cordless telephones and other equipment to make calls..
• The mark was filed in class 36 with following description of goods:
  
  1. Issuing of credit cards
  2. Debit cards, charge cards, payment cards, pre-payment cards, transaction cards, financial, and loyalty cards
  3. Issuing of magnetic data carriers and authentication cards for financial transactions
  4. Provision of magnetic data carriers, authentication cards, credit cards, debit cards, charge cards, payment cards, pre-payment cards, transaction cards, financial and loyalty cards
  5. Issuing and provision of savings cards, vouchers and gift vouchers, debit, credit and/or charge card services
  6. Payment or pre-payment card services
  7. Loyalty card services, discount card services, telephone card services
  8. Advisory and consultancy services relating to the aforesaid services
  9. Issuing and provision of pre-paid telephone calling cards, debit cards, services of cards of payment or pre-payment
  10. Services of telephone credit cards.
• The mark was filed in class 38 with following description of goods:
  
  1. Providing communication services through the use of phone cards or debit cards
  2. Telephone services, services related to the organization of a telephone network accessible by cards
  3. Telephone communication services including local and international calling
  4. Mobile and wireless telecommunication services
  5. Providing Internet access services
  6. Providing a host of telecommunications related services including voice mail and other enhanced calling services and features.