The trademark FLEXISPEND was filed by Nectar 360 Limited, 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 February 1, 2009, and received one opposition filed on April 21, 2009 by TÜRKIYE GARANTI BANKASI ANONIM SIRKETI on Likelihood of confusion. the opponent was represented by CURELL SUÑOL S.L.P. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 21, 2009
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Change of name and professional address of the trademark registration was recorded on February 8, 2009.
Goods And Services
The mark was filed in class 9 with following description of goods:
Software for use in data processing and data management
Software for use in advertising
Software relating to the organization, operation and supervision of sales and promotional incentive schemes and promotional services
Data media
Data processing equipment
Animated cartoons, motion picture films
Animated films and videos
Motion pictures
Computer programs featuring interactive entertainment
Computer games, apparatus for recording, transmission or reproduction of sound or images
Magnetic data carriers, pre-recorded discs, CDs, CD-ROMs, DVDs, and videos
Encoded or magnetic cards
Magnetic or encoded payment cards, telephone cards, and/or cards for use in connection with sales and promotional incentive schemes and promotional services
Electronic publications
Computer software for analysing market information.
The mark was filed in class 16 with following description of goods:
Printed matter, publications, newspapers, magazines and periodicals
Promotional material, brochures and pamphlets
Vouchers
Credit cards (other than encoded)
Cards for use in connection with sales and promotional incentive schemes and promotional services
Printed forms
Instructional and teaching material.
The mark was filed in class 35 with following description of goods:
Advertising
Organization, operation and supervision of loyalty programmes and of sales and promotional incentive schemes
Organization of competitions for advertising or business purposes
Promotional services
Business consultancy
Business information
Management of computer databases
Compilation of information onto computer databases
Advisory and consultancy services relating to database management and marketing
Business data analysis
Business research and analysis
Organization of exhibitions or trade fairs for commercial or advertising purposes
Shopping retail services and electronic shopping retail services all connected with automobile goods and equipment, publications, stationery, CDs, DVDs, magnetic data carriers, recording discs, video games, computer games, musical and audio visual works provided via the Internet, and other computer and electronic communications networks or via wireless technology, computers and computer software, telephones, toys, games, playthings and sports equipment, building, and home improvement goods for the (do-it-yourself) sector, garden plants, and gardening goods and equipment, domestic electrical and electronic equipment, including white goods, machines for handheld use, hand tools, optical goods, cameras and photographic goods, jewellery, clocks, watches, bathroom and heating products, clothing, headgear, footwear, fashion accessories, leather and imitation leather goods, handbags, purses, and luggage, travel goods and accessories, furniture, household containers and utensils, crockery and glassware, furnishings, textiles, haberdashery, napery, cosmetics, toiletries, health and beauty products, foods and beverages (alcoholic and non alcoholic), pet foods, pet equipment and products, tobacco products and smokers' accessories
The bringing together, for the benefit of others, of a variety of service providers enabling consumers to conveniently view and choose those services, those services being banking, financial and insurance services, automobile club services, telecommunications services, floristry services, on-line auction services, health and beauty services, ticketing and entertainment services, travel and holiday booking services, and accommodation booking services
Advisory services relating to market research
Analysis of market research data
Collection of information relating to market analysis
Collection of information relating to market research
Computerised market research
Interpretation of market research data
Services relating to data analysis of customer transactions and consumer behaviour.
The mark was filed in class 36 with Financial services and credit card, cash card, and debit card services..
The mark was filed in class 39 with following description of goods:
Travel agency
Booking agency services for travel
Arranging, booking and reserving holidays, travel and tours by land, sea and air
Information advisory services relating to the aforesaid.
The mark was filed in class 43 with Arranging, booking and reservation of accommodation and temporary accommodation services..