The trademark application SMSInOut was filed by Fine Tech s.r.o., a corporation established under the laws of the Czech Republic (the "Applicant"). Application refused.
The application was filed in Czech (English was selected as the second language).
The Refusal with reference B 006242853 was Rejected according to Article 7(1)(b) CTMR with decision issued on February 20, 2008 by the EUIPO.
Goods And Services
The mark was filed in class 9 with Apparatus and instruments for the transfer and processing of data, sound, images, in particular in the field of telecommunications, telephone apparatus and accessories, payphones, telephone exchanges, mobile telephones, software and hardware, in particular computer and telecommunications technology, computers, notebooks, including accessories, telecommunications networks and computing equipment and parts therefore, recording carriers, recorded or not recorded, not included in other classes, smart cards (integrated circuit cards), chip cards, electronic cards, apparatus and mechanisms enabling advertising included in class 9 and data, databases and other information products on electronic, magnetic and optical carriers included in class 9, data carriers of all kinds, in particular diskettes, CD-ROMs, magnetic discs, optical discs, DVDs, video cassettes, recorded video tapes, slides, electronic magazines, catalogues, periodicals and books, recorded software on CD and DVD..
The mark was filed in class 38 with Mobile telecommunications services, other telecommunications services and data services, services based on direct linkage of end users by public telecommunications and data networks and of local fixed networks, network of mobile telephones and data networks, transfer of information, sound, images, messages through the Internet or a mobile telecommunications network, provision of access to an Internet portal, provision of an information service by telephone, mobile telecommunications network, Internet, provision of access to on-line information services and databases, transfer of electronic printed matter, magazines, periodicals, books, pictures by computer, data, electronic, telecommunications and information networks, video streaming, operation of public mobile radio-telephone networks, leasing of telecommunications circuits, network lines, establishment and operation of public, private and special-purpose networks, operation of data and computer networks, all services of electronic communications provided through integrated digital networks, video conferencing, connection and communication by the Internet.
The mark was filed in class 42 with Creation of software, in particular in the field of telecommunications, programming of computers and telecommunications equipment and apparatus, programming of Internet database systems and Internet applications and applications for mobile telephones enabling data communication between various communication terminal equipments (for example mobile telephones, communicators, user' s computers) when using the data transfers via public data networks as well as public fixed and mobile telecommunication networks and also private ones, conversion of documents, data, sound or images to electronic media, creation of 3D animations, interactive and graphic programs, creation of multimedia documents, presentations, applications, catalogues, construction of www presentations and management of www servers, creation of computer animations and visualization, software projects, creation of information databases, electronic journals, periodicals, books, operation of Internet pages.