The trademark TOM was filed by TOM E-com B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on April 12, 2021, and received one opposition filed on July 12, 2021 by Mycoskie, LLC on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Mamo TCV Advocates and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 12, 2021
The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Sales promotion
Advertising
Merchandising
Business administration
Office functions
Dissemination of advertising matter
Electronic publication of publicity texts
Commercial mailings, Including via electronic means, Business mailings, Including via electronic means
Promoting goods and consumer goods, including bicycles, Parts for bicycles, Games, toys and of gymnastic and sport articles, automotive goods, automotive parts (so-called automotive goods) and automotive tires, spectacles, sunglasses, spectacle frames and spectacle lenses
Commercial intermediation services, In the purchase and sale of goods and consumer goods, including bicycles, Parts for bicycles, Games, toys and of gymnastic and sport articles, automotive goods, automotive parts (so-called automotive goods) and automotive tires, spectacles, sunglasses, spectacle frames and spectacle lenses
Import and export, Of goods and consumer goods, including bicycles, Parts for bicycles, games, playthings, Gymnastic and sporting articles, automotive products, Automobile parts (so-called automotive goods), Automobile tyres, Eyeglasses, sunglasses, Spectacle frames, Spectacle lenses
Wholesaling and retailing, Relating to non-food goods, namely, Dye, Building material, Cosmetics, Soaps, Medicines, tapers, Home goods, namely, Furniture, Lights and Decorative goods, Printed matter, books, Jewels, Lamps, electronics, Tool, Transportation means, cycles, Parts for bicycles, Panniers, bedding products, textiles, clothing foot wear, games, playthings, Gymnastic and sporting articles, Non-food goods for cars, namely, auto parts, automotive supplies, Automobile parts (so-called automotive goods), Automobile tyres, Eyeglasses, sunglasses, Spectacle frames, Spectacle lenses
Arranging of trade fairs and exhibitions for commercial and/or advertising purposes
Provision of commercial information
Public relations services
Advertising campaigns relating to trade fairs, exhibitions and congresses
The bringing together for the benefit of others, Of non-food goods, namely, Dye, Building material, Cosmetics, Soaps, Medicines, tapers, Home goods, namely, Furniture, Lights, Decorative goods, Printed matter, books, Jewels, Lamps, electronics, Tool, Transportation means, cycles, Parts for bicycles, Panniers, bedding products, textiles, clothing foot wear, games, playthings, Gymnastic and sporting articles, non-food goods for cars, namely, auto parts, automotive supplies, Automobile parts (so-called automotive goods), Automobile tyres, Eyewear, spectacles, spectacle frames, sunglasses, Spectacle lenses, Enabling customers to conveniently compare and purchase those goods and services
Provision of an online marketplace for buyers and sellers of goods and services
Management and compilation of a searchable online database
The aforesaid services whether or not provided via the Internet
All the aforesaid services, Not relating to the following goods: Clothing, cycling clothing, Outdoor clothing, Sportswear, Headgear, Footwear.