| Serial Number | 79256682 |
| Word Mark | EMERCE |
| Filing Date | Friday, January 4, 2019 |
| Status | 700 - REGISTERED |
| Status Date | Tuesday, December 24, 2019 |
| Registration Number | 5940831 |
| Registration Date | Tuesday, December 24, 2019 |
| Mark Drawing | 5000 - Drawing with word(s) / letter(s) / number(s) in Stylized form |
| Published for Opposition Date | Tuesday, October 8, 2019 |
| Certificate of Correction for Registration | In the Statement Class 42, has been updated in accordance with the F-note dated 4/14/2021. |
| Indication of Colors claimed | The color(s) green, white and blue is/are claimed as a feature of the mark. |
| Description of Mark | The mark consists of the stylized wording "EMERCE" with the first "E" in green, the letters "MERCE" in white, and blue shadows on the "E"'s and "M", all on a blue rectangular background. |
| Goods and Services | Downloadable software for use in the energy sector, namely, downloadable software for presentation of goods and services in the energy sector, downloadable software for sales promotion in the energy sector, downloadable software for online advertising in the energy sector, downloadable software for direct marketing of goods and services in the energy sector, downloadable software for online ordering services in the energy sector; downloadable software in the form of an online marketplace for buyers and sellers of goods and services in the energy sector; downloadable mobile software applications for use in the energy sector, namely, downloadable mobile software applications for presentation of goods and services in the energy sector, downloadable mobile software applications for sales promotion in the energy sector, downloadable mobile software applications for online advertising in the energy sector, downloadable mobile software applications for direct marketing of goods and services in the energy sector, downloadable mobile software applications for online ordering services in the energy sector, downloadable mobile software applications in the form of an online marketplace for buyers and sellers of goods and services in the energy sector |
| Goods and Services | Direct marketing services; provision of an online marketplace for products and services relating to the energy sector; arranging commercial transactions via online shops; mediation and conclusion of commercial transactions; collection of commercial information; sales promotion for others; arranging of contractual services with third parties; advisory services relating to the execution of trade agreements; procurement of contracts for others regarding the sale and purchase of goods and services; advertisement for others on the internet; demonstration of goods; sales promotion, advertising and marketing services via online websites; online advertising on a computer network; advisory services relating to commercial transactions; provision of online business and commercial information; compilation and provision of trade and business price and statistical information; electronic commerce services, namely, providing information about products via telecommunication networks for advertising and sales purposes; online advertising for goods and services; online ordering services; online advertising on a computer network; online retail store services featuring goods and services from the energy sector; dissemination of advertising via online communications networks; promotion, advertising and marketing of online websites; provision of an on-line marketplace for buyers and sellers of goods and services; auctioneering provided on the internet; conducting virtual trade show exhibitions online; all aforementioned services relating to the energy sector |
| Goods and Services | Providing access to online computer databases; providing multi-user access to global computer information network; telecommunication services, namely, telecommunication services provided via Internet platforms and portals to support an online market place for buyers and sellers of goods and services in the energy sector, namely, provision of access to a global computer network; transfer of information and data via online services and the Internet to support an online market place for buyers and sellers of goods and services in the energy sector; provision of access to an electronic online network for information retrieval; providing telecommunications connections to a global computer network; provision of communications facilities for interchange of electronic data; transmission of information online; all aforementioned services relating to the energy sector |
| Goods and Services | Computer software programming services in the energy sector; computer software development in the energy sector; software development; installation, and maintenance of software; rental of software; custom design of software packages; computer systems analysis, computer hardware and software design and development services, provided online, for software in the energy sector; planning, design, development and maintenance of online websites for third parties; maintenance of websites and hosting on-line web facilities for others; software as a service (SaaS) featuring software in the energy sector for presentation of goods and services, sales promotion, online advertising, direct marketing of goods and services, and online ordering services; programming and maintenance of software and providing temporary use of online non-downloadable web-based software via a worldwide computer network for presentation of goods and services, sales promotion, online advertising, direct marketing of goods and services, and online ordering services; programming and maintenance of software and providing temporary use of online non-downloadable web-based software for operating e-commerce platforms; design and development of software in the field of mobile applications; consultancy services relating to software used in the field of e-commerce; providing temporary use of non-downloadable computer software for tracking packages over computer networks, intranets and the internet [, all aforementioned services relating to the energy sector ] ; conversion of computer programs and data, other than physical conversion; server hosting, namely, rental and maintenance of memory space for use as websites by others; electronic data storage, namely, providing memory space for presenting goods and services of the energy sector; rental of electronic memory space on the internet * ; all aforementioned services relating to the energy sector * |
| International Class | 009 - Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire extinguishing apparatus. |
| US Class Codes | 021, 023, 026, 036, 038 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, April 19, 2019 |
| Primary Code | 009 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 035 - Advertising; business management; business administration; office functions. |
| US Class Codes | 100, 101, 102 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, April 19, 2019 |
| Primary Code | 035 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 038 - Services allowing people to communicate with another by a sensory means. |
| US Class Codes | 100, 101, 104 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, April 19, 2019 |
| Primary Code | 038 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 042 - Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software. |
| US Class Codes | 100, 101 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, April 19, 2019 |
| Primary Code | 042 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | SMA Solar Technology AG |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 09 - Joint Stock Company |
| Address | DE |
| Party Name | SMA Solar Technology AG |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 09 - Joint Stock Company |
| Address | DE |
| Party Name | SMA Solar Technology AG |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 09 - Joint Stock Company |
| Address | DE |
| Event Date | Event Description |
| Monday, April 19, 2021 | LIMITATION FROM THE IB EXAMINED AND ENTERED |
| Monday, April 19, 2021 | CORRECTION UNDER SECTION 7 ¿ PROCESSED |
| Monday, April 19, 2021 | ASSIGNED TO PARALEGAL |
| Saturday, March 27, 2021 | LIMITATION OF GOODS RECEIVED FROM IB |
| Friday, April 24, 2020 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Wednesday, April 8, 2020 | FINAL DISPOSITION NOTICE SENT TO IB |
| Tuesday, April 7, 2020 | FINAL DISPOSITION PROCESSED |
| Tuesday, March 24, 2020 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Tuesday, December 24, 2019 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, October 8, 2019 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, October 8, 2019 | PUBLISHED FOR OPPOSITION |
| Saturday, October 5, 2019 | NOTIFICATION PROCESSED BY IB |
| Friday, September 27, 2019 | REFUSAL PROCESSED BY IB |
| Wednesday, September 18, 2019 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Wednesday, September 18, 2019 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Wednesday, September 18, 2019 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Thursday, September 5, 2019 | ASSIGNED TO LIE |
| Wednesday, September 4, 2019 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, September 4, 2019 | EXAMINER'S AMENDMENT ENTERED |
| Wednesday, September 4, 2019 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Wednesday, September 4, 2019 | EXAMINERS AMENDMENT E-MAILED |
| Wednesday, September 4, 2019 | EXAMINERS AMENDMENT -WRITTEN |
| Wednesday, August 14, 2019 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, August 14, 2019 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, August 14, 2019 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Wednesday, August 7, 2019 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Wednesday, August 7, 2019 | NON-FINAL ACTION E-MAILED |
| Wednesday, August 7, 2019 | NON-FINAL ACTION WRITTEN |
| Monday, July 15, 2019 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, July 15, 2019 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, July 15, 2019 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Saturday, June 8, 2019 | REFUSAL PROCESSED BY IB |
| Thursday, May 23, 2019 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Thursday, May 23, 2019 | REFUSAL PROCESSED BY MPU |
| Tuesday, April 30, 2019 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Monday, April 29, 2019 | NON-FINAL ACTION WRITTEN |
| Tuesday, April 23, 2019 | APPLICATION FILING RECEIPT MAILED |
| Friday, April 19, 2019 | ASSIGNED TO EXAMINER |
| Friday, April 19, 2019 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM |
| Thursday, April 18, 2019 | SN ASSIGNED FOR SECT 66A APPL FROM IB |