The trademark TALK NOW was filed by Orange Personal Communications Services Ltd., a corporation established under the laws of the United Kingdom of Great Britain and Northern Ireland (the "Applicant"). The application was published for oppositions on March 6, 2005, and received one opposition filed on June 6, 2005 by Eurotalk Limited on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute, (d) Earlier non registered TM & right to prohibit use of later TM under national law. the opponent was represented by REDDIE & GROSE LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 6, 2005
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
Change of name and professional address of the trademark registration was recorded on September 2, 2007. Change of name and address of the trademark registration was recorded on March 5, 2009. Appointment and Replacement of representative of the trademark registration was recorded on July 5, 2009.
Goods And Services
The mark was filed in class 9 with following description of goods:
Electrical and electronic communications and telecommunications apparatus and instruments
Communications and telecommunications apparatus and instruments
Photographic apparatus, instruments and equipment
Image processing apparatus, instruments and equipment
Television apparatus and instruments
Holograms
Computers
Peripheral equipment for computers
Devices for playing music received from the Internet
MP3 players
Satellite transmitters and receivers
Electric wires and cables
Resistance wires
Electrodes
Paging, radio paging and radio-telephone apparatus and instruments
Telephones, mobile telephones and telephone handsets
Accessories for telephones and telephone handsets
Adapters for use with telephones
Battery chargers for use with telephones
Desk or car mounted units incorporating a loudspeaker to allow a telephone handset to be used hands-free
Incar telephone handset cradles
Bags and cases specially adapted for holding or carrying portable telephones and telephone equipment and accessories
Computerised personal organisers
Aerials
Batteries
Micro processors
Key boards
Modems
Electronic global positioning systems
Electronic navigational and positioning apparatus and instruments
Monitoring (other than in-vivo monitoring) apparatus and instruments
Radio apparatus and instruments
Electrical control, testing (other than in-vivo testing), signalling, checking (supervision) and teaching apparatus and instruments
Optical and electro-optical apparatus and instruments
Video films
Electrical and electronic accessories and peripheral equipment designed and adapted for use with computers, audio-visual apparatus and electronic games equipment and apparatus.
The mark was filed in class 38 with following description of goods:
Telecommunications, communications, telephone, facsimile, telex, message collection and transmission, radio-paging and electronic mail services
Transmission and reception of data and of information
Electronic message delivery services
On-line information services relating to telecommunications
Data interchange services
Transfer of data by telecommunication
Satellite communication services
Broadcasting or transmission of radio or television programmes
Videotext, teletext and viewdata services
Video messaging services
Video conferencing services
Video telephone services
Telecommunication of information (including web pages), computer programs and any other data
Providing user access to the Internet
Providing telecommunications connections to the Internet or databases
Provision and operation of electronic conferencing, discussion groups and chat rooms
Providing access to digital music websites on the Internet
Providing access to MP3 websites on the Internet
Delivery of digital music by telecommunications
Operating search engines
Telecommunication access services
Computer aided transmission of messages and images
Communication by computer
News agency services
Transmission of news and current affairs information
Hire, leasing or rental of apparatus, instruments, installations or components for use in the provision of the aforementioned services
Advisory, information and consultancy services relating to all the aforementioned.