The trademark Dibidoo was filed by Mitteldeutscher Rundfunk (Anstalt des öffentlichen Rechts), a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on October 21, 2020, and received one opposition filed on January 19, 2021 by SUPER RTL Fernsehen GmbH & Co. KG on Likelihood of confusion. the opponent was represented by GÖRG Partnerschaft von Rechtsanwälten mbB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 19, 2021
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Sound, image and data carriers of all kinds
Magnetic data carriers, recording discs, compact discs (audio, images), DVDs (audio, images), audio tapes, music and video cassettes, CD-ROMs, DAT tapes
Floppy disks
Recorded mechanical, magnetic, magneto-optical, optical and electronic data carriers for sound and/or images and/or data
Coded telephone cards
Identity cards, encoded
Games software
Screen saver programs (software)
Mouse pads
Eyeglasses, sunglasses and cases therefor
Database programs (software)
Computer software, including downloadable software for computers and mobile terminals
Network-supporting computer software (netware)
Electronic publications, downloadable
Electronic flashing lights (luminous signals)
Downloadable ring tones for mobile phones
Downloadable music files.
The mark was filed in class 14 with following description of goods:
Goods in precious metals and their alloys or coated therewith, Namely works of art of precious metal
Jewels
Jewellery, including costume jewellery, cuff links, brooches (jewellery), tie pins and pins (jewellery), tie clips (jewellery), key rings (trinkets or fobs)
The mark was filed in class 16 with following description of goods:
Paper cardboard
Printed matter, In particular newspapers, Magazines [periodicals], Brochures, leaflets, Prospectuses, Programmes, Press folders, Photo folders, Books, Companion books, Calendars, Posters, Including in book form, Transparencies [stationery], Non-encoded telephone cards
Tickets
Partipant tickets
Invitation cards
Postcards, including in the form of adhesive postcards
Non-encoded identity cards
Stationery, including writing and drawing implements
Office requisites (except furniture), instructional and teaching material (except apparatus), in particular in the form of printed matter, globes, wall boards and writing implements for wall boards
Plastic materials for packaging, namely in the form of sleeves, pouches, bags, films (the latter including being self-adhesive)
Instructional and teaching materials in the form of games
Desk mats of paper and/or cardboard
Inkstands of paper and/or cardboard
Printed publications
Cabinets for stationery (office requisites) of cardboard
Bookmarkers
Table napkins of paper
Conical paper bags
Pads [stationery]: Stickers (stationery)
Labels, not of textile, document files (stationery) of cardboard, table covers of paper.
The mark was filed in class 18 with following description of goods:
Leather and imitations of leather, and goods made of these materials, namely trunks and travelling bags
Bags, including handbags, briefcases, shopping bags, travelling bags, bags for sports, school satchels, knapsacks for luggage and backpacks
The mark was filed in class 20 with following description of goods:
Figurines of plastic, including animal figurines
Furniture, including upholstered furniture, office furniture, kitchen furniture and parts for furniture
Mirrors, picture frames
Bottle closures, not of metal
Packaging containers of plastic
Roller blinds for use indoors.
The mark was filed in class 24 with following description of goods:
Textile goods, included in class 24
Fabrics
Curtains
Roller blinds of textile
Textile materials for use in the manufacture of blinds
Household linen, table linen (not of paper), bed linen
Bed blankets, table covers of textile and also of plastic
Coasters and place mats of fabric or textiles, being table linen.
The mark was filed in class 25 with following description of goods:
Clothing, including sportswear and leisurewear
Footwear, including sports and casual shoes and boots
Stockings, tights, socks
Neckties, including ties
Gloves [clothing]
Headgear, including headbands and sweatbands
Belts (clothing), braces, including belts (clothing) and braces of leather.
The mark was filed in class 28 with following description of goods:
Games
Toys
Apparatus for games
Figures as toys, including fabric and rubber animals and mascots
Novelty toys for playing jokes
Playing cards
Gymnastic, fitness and sports equipment, included in class 28
Decorations for Christmas trees.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Radio and television advertising, including customer marketing
Updating and maintenance of data in computer databases, systematic ordering of data in computer databases, collating and compiling of data in computer databases
Computerized file management
Market research and opinion polling
Publication of printed matter (including in electronic form), for advertising purposes
Retailing, including via teleshopping, and online or catalogue mail order in the fields of sound recording carriers and data media, printed matter, stationery, office requisites, clothing, footwear and textile goods, toys, sports goods.
The mark was filed in class 38 with following description of goods:
Telecommunication services
Broadcasting of television programmes, cable television programmes, radio programmes, video text programmes and Internet programmes as well as teleshopping programmes
Transmission of television, radio, telecommunications and data signals via digital and analog wireless and/or cable networks, including via online and offline operations in the form of interactive electronic media services, and via computer
News agencies
Providing access to databases
Leasing access time to global computer networks
Sound, image and data transmission by cable, satellite, computer network, telephone and ISDN lines and any other transmission media
Providing access to Internet applications
Providing access to blogs
Electronic exchange of messages via chat lines, chatrooms and Internet forums
Providing Internet chat rooms
Providing access to online games via global computer networks (Internet)
Teletext services
Electronic transmission of data, images, texts and sounds, including for interactive radio services
Telecommunications via interactive speech dialogue systems (IVR - Interactive Voice Response)
Provision of access to content, websites and portals
Transmission of data and computer programs on electronic networks, in particular on the Internet and other electronic communications media providing information of all kinds, in particular from the fields of politics, economics, finance, law, social affairs, sport, culture, religion, technology, computers, the Internet
Providing Internet forums for the exchange of information and ideas on topics of all kinds
Data transmission services between networked computer systems
Providing access to information on the Internet, in particular including being part of Internet communities and websites and including SMS (short message systems)
Transmission of short messages (SMS) and images, speech, sound, music and text messages, between mobile telecommunications devices
Providing access to digital media platforms for the exchange of messages and information of all kinds on the internet, including by converting formats into speech, sound, images, text, data or other output media
Telephone communications and services
Communications by cellular phones.
The mark was filed in class 41 with following description of goods:
Training
Entertainment services
Sporting and cultural activities
Radio, Internet and television entertainment broadcasts/programmes
Film, sound, video film and television production
Production of entertainment programmes, specifically for the Internet
Arranging shows, quizzes and musical events
Musical performances
Providing of non-downloadable electronic publications online
Publication of online publications, other than for advertising purposes
Publishing printed matter, other than for advertising purposes
Arranging concerts, theatre and entertainment events, conferences, meetings, seminars, courses, symposiums, exhibitions for cultural and educational purposes, and lectures for cultural, entertainment and educational purposes
Arranging of readings for cultural, entertainment and educational purposes
Scriptwriting services
Organisation of competitions and awards
Organization of lotteries
Website editing (support services)
Arranging competitions within the framework of interactive radio services
Entertainment, including for interactive radio services
Film, television and music video entertainment via websites, being interactive radio services
Organisation of games, being interactive radio services
Conducting interactive games on the Internet
Playing of games, being interactive radio services
Teaching.
The mark was filed in class 42 with following description of goods:
Server administration
Designing and creating homepages and Internet pages
Computer software design
Creating specific EDP software for advertising
Investigations, research in databases and on the Internet, for others, for scientific and research purposes
Updating of database software
Storage of data in computer databases
Installation and maintenance of database software
Creating Internet applications in the form of software
Preparation of data processing programmes
Providing [hosting computer sites] chat platforms
Providing [hosting computer sites] digitised media platforms
Providing [hosting computer sites] chat platforms, including within the framework of virtual communications platforms and pinboard facilities
Providing [hosting computer sites] digitised media platforms for the exchange of messages and information of all kinds on the internet, including by converting formats into speech, sound, image, text, data or other output media.