The trademark momox FASHION was filed by Momox AG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on June 20, 2021, and received one opposition filed on September 20, 2021 by NYKY S.R.L. on Likelihood of confusion. the opponent was represented by Le Divelec Lemmi, Federico and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 20, 2021
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
A transfer of the trademark registration was recorded on December 19, 2021.
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer software
Mobile apps
Software for mobile communication terminals
Software solutions (including being downloadable and for use on mobile devices) and data transmission devices for managing an online platform for buying and selling used goods of all kinds
Recorded or downloadable software programs or software updates (gadgets, widgets, plug-ins, applets), ring tones, music files, MP3 files, graphics and video files for computers, computer programs or wireless communication apparatus
Downloadable sounds, images and data (including being data files)
Sound, music and video recordings
Retail software
Software for sale, resale and commerce, In relation to the following goods, Goods for everyday use, Namely, books, Pamphlets, And clothing, Footwear, headgear, Electronic articles, Toys, Decorative articles, Cosmetics and perfumery, Edible, Natural stimulants, Tobacco goods, sporting items, Electrical and electronic apparatus of all kinds.
The mark was filed in class 18 with following description of goods:
The mark was filed in class 25 with following description of goods:
Clothing
Headgear, including headbands and sweatbands
Shoes, footwear and boots
Gloves [clothing]
The aforesaid goods also based on recyclable precursors (upcycling)
Parts and accessories for all the aforesaid goods, included in this class.
The mark was filed in class 26 with following description of goods:
Lace
Braids
Embroidery
Tapes [haberdashery]
Haberdashery bows
Buttons
Hooks and eyes
Needles
Artificial flowers
Decorative articles for the hair
Artificial hair
Accessories for apparel, sewing articles and decorative textile articles
Hair scrunchies
The aforesaid goods also based on recyclable precursors (upcycling).
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Marketing and promotion services
Sales promotion for others
Auctioneering, including on the Internet
Advertising in all media, including radio, television, cinema, print, videotext, on-line and teletext advertising
Direct mail advertising
Demonstration of goods
Good and service presentations
Updating of advertising material
Arranging of advertising
Public relations services
Organization and operating of promotions events
Presentation of companies on the Internet and other media
Sponsoring in the form of advertising
Advice relating to barter trade
Purchase, Sale, By means of an online platform, in relation the following goods, Used goods of all kinds, namely, Fashion accessories, Crockery, Cooking pot sets, Containers, glasses, Drinkware, Bar accessories, Washing and cleaning preparations, Toiletries, Nutritional and grooming preparations for children, Foodstuffs for animals, Perfumery, Cosmetics, Ready-made clothing, Footwear, Gloves, Headgear, Including headbands and sweatbands, clothing for children, domestic electrical appliances, Of electronic household appliances, Information technology equipment, audio-visual apparatus, multimedia devices, Photographic equipment
Purchase, Sale, By means of an online platform, in relation the following goods, Used goods of all kinds, namely, Sound carriers, Data carriers, Including CDs and DVDs, Video games, Computer software, Sporting and fitness articles, Clocks, Jewellery, Costume jewellery, Printed matter, paper goods, Stationery, Office requisite, Saddlery, Goods for decorative purposes, toys, goods made of leather, namely, Luggage, Bags, Wallets, Other carrying cases
Purchase, Sale, By means of an online platform, in relation the following goods, Used goods of all kinds, namely, Sporting goods, Bags, Pouches, Wallets, Rucksacks, Bumbags, Bumbags, portmanteaux, straps, Belts, Lace trim, Braids, Braiding, Braids, Braids, Embroidery, Ribbons, bows, buttons, Hook and eyes, eyes, Needles, Hair ornaments, Clothing accessories, sewing articles, Decorative textile articles, elastic for tying hair
Online e-commerce provider services, namely the presentation of goods and services for advertising purposes, order placement, order delivery services and invoice management, including within the framework of e-commerce
Accounting for electronic order systems
Arranging commercial transactions, for others, via online shops
Sales promotion by means of customer loyalty services
Arranging of trading and economical contacts, also over the Internet
Arranging contracts for the buying and selling of goods and/or the providing of services, for others
Procurement services for others [purchasing goods and services for other businesses]
Collating information of all kinds in computer databases
Computerised data processing
Maintenance of data in computer databases
Auctioneering services
Promoting the goods and services of others through discount card programs
Operating online marketplaces for sellers and buyers of goods and services
Providing evaluative feedback and ratings of sellers' goods and services, the value and prices of sellers' goods, buyers' and sellers' performance, delivery, and overall experience in connection therewith
Providing a searchable online evaluation database for buyers and sellers
Advertising
Retail services, in relation the following goods, Fashion accessories, Crockery, Cooking pot sets, Containers, glasses, Drinkware, Bar accessories, Washing and cleaning preparations, Toiletries, Nutritional and grooming preparations for children, Foodstuffs for animals, Perfumery, Cosmetics, Clothing of all kinds, Gloves, Footwear, Headgear, Including headbands and sweatbands, infantwear, domestic electrical appliances, Of electronic household appliances
Retail services, in relation the following goods, Information technology equipment, audio-visual apparatus, multimedia devices, Photographic equipment, Sound carriers, Data carriers, Sporting articles, Fitness articles, Video games, Computer software, Clocks, Jewellery, Costume jewellery, Printed matter, paper goods, Stationery, Office requisite, Saddlery, Goods for decorative purposes, toys, goods made of leather, namely, Luggage, Bags, Wallets, Other carrying cases
Retail services, in relation the following goods, Sporting goods, Bags, Pouches, Wallets, Rucksacks, Waist bags, Bumbags, Bumbags, portmanteaux, straps, Belts, Lace trim, Braids, Braiding, Braids, Braids, Embroidery, Ribbons, bows, buttons, Hook and eyes, eyes, Needles, Hair ornaments, Clothing accessories, sewing articles, Decorative textile articles, elastic for tying hair.
The mark was filed in class 38 with following description of goods:
Telecommunication services
Telecommunication services provided via Internet platforms and portals
Providing access to information on the Internet
Providing access to portals on the Internet
Providing access to software on data networks for Internet access
Providing user access to computer programmes in data networks
Transmission of computer programs, gadgets, widgets, plug-ins, applets, ring tone, voice, music, MP3, graphics and video image files and of information and messages by means of wireless uploading and downloading via global computer networks to computers, and via wireless communications apparatus
Electronic transmission of messages, data and documents.
The mark was filed in class 40 with Upcycling [waste recycling].
The mark was filed in class 42 with following description of goods:
Providing and operation of online platforms for buying and selling used goods of all kinds
Operation of an online platform for buying and selling, in relation to the following goods, Used goods of all kinds, namely, Fashion accessories, Plates, Cooking pot sets, Containers, Glasses, Drinking receptacles, Barware, washing and furbishing preparations, Toiletries, Nutritional and grooming preparations for children, Foodstuffs for animals, Perfumed preparations, Cosmetics, Items of clothing, Mitts[clothing], Articles of footwear, Headgear, Including headbands and sweatbands, clothing for children, Domestic electrical appliances, Electric domestic appliances, Information technology apparatus, Audiovisual equipment, multimedia devices, Photographic devices
Operation of an online platform for buying and selling, in relation to the following goods, Used goods of all kinds, namely, Sound carriers, Data media carriers, Video game, Software products, sporting items, Fitness articles, horological, Ornaments [jewellery], Fancy jewellery, Printed matter, Articles made of paper, Stationery, Office supplies, Saddlery, Goods for decorative purposes, toys, sporting goods, Goods made of leather, namely, Luggage, Spike bags, Pocket wallets, Other carrying cases
Operation of an online platform for buying and selling, in relation to the following goods, Used goods of all kinds, namely, Spike bags, Bags for men, Pocket wallets, Backpacks, Waist pouches, Hip packs, Bumbags, garment bags, Straps, Waist belts, tips, Laces, braids, Strands, Edgings, Embroidery, Bands, Loops, Buttons, Hooks, Eyelets, Needles, Hair adornments, Accessories for apparel, Sewing articles, decorative textile articles, hair scrunchies