The trademark DIHEMA was filed by DIHEMA S.R.L., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on April 12, 2022, and received one opposition filed on July 11, 2022 by hema Vertriebs- und Montagegesellschaft mbH on Likelihood of confusion. the opponent was represented by Patentanwälte Olbricht Buchhold Keulertz Partnerschaft mbB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 11, 2022
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 19 with following description of goods:
Floors, not of metal
Curb stones
Swimming pools [structures], not of metal
Building and construction materials and elements, not of metal
Rigid pipes, not of metal, for building
Pitch, tar, bitumen and asphalt
Structures and transportable buildings, not of metal
Monuments, not of metal
Pebbles
Paving stones
Paving stones
Flooring screeds
Flooring underlays
Flooring underlays
Blocks (Non-metallic -) for use in flooring construction
Paving stones
Tiles
Paving slabs, not of metal
Floor tiles, not of metal
Duckboards, not of metal
Flooring screeds
Soil tiles
Stone
Stone slates
Building stone
Paving stones
Construction materials of natural stone
Construction materials of artificial stone
Stone veneers [building materials]
Building and construction materials and elements made of sand, stone, rock, clay, minerals and concrete
Building and construction materials and elements made of pitch, tar, bitumen or asphalt
Building and construction materials and elements made of wood and artificial wood
Glass bricks
Bamboo, for building
Sidings (Non-metallic -)
Sawn timber.
The mark was filed in class 20 with following description of goods:
Furniture and furnishings
Lawn furniture
Vats, not of metal
Statues, figurines, works of art and ornaments and decorations, made of materials such as wood, wax, plaster or plastic, included in the class
Reeds [raw or partly worked material]
Bamboo
Bamboo, unworked or semi-worked
Bamboo canes
Rattan
Wicker
Horn, unworked or semi-worked
Animal bone [unworked or partly worked material]
Ivory
Whalebones
Tortoiseshell
Imitation tortoiseshell
Yellow amber
Mother-of-pearl
Meerschaum
Coral
Shells.
The mark was filed in class 22 with following description of goods:
Cord
String
Nets
Sails
Sacks
Nets for protective use in gardening
Rockfall prevention nets
Drop cloths [textile]
None of the afore-mentioned goods for use in the manufacture of awnings and tarpaulins.
The mark was filed in class 24 with following description of goods:
Non-woven fabrics
Textile material
Textile goods, and substitutes for textile goods
Filtering materials of textile
None of the afore-mentioned goods for use in the manufacture of awnings and tarpaulins.
The mark was filed in class 35 with following description of goods:
Retailing and wholesaling, including online, in relation to the following goods: Wire mesh, Metal wire fencing, Metal building materials, building structures of metal, metal tiles for construction, galvanized iron, Baling wire, Iron gates, Metal gates, Door panels of metal, Metal fencing panels, cladding made of metal, Chimney shafts of metal, Chimney pots of metal, chimeneas Boarding stairs of metal
Retail and wholesale services, also online, in relation to the following goods: Fountains, Ornamental fountains, Wash fountains, Fountain accessories, Decorative fountains, sprinkler and irrigation systems, Garden sprinklers [automatic], Fireplaces, Domestic gas fireplaces, Ethanol fireplaces, domestic fireplaces, Heating apparatus, electric, Fireplace inserts, Fireplace fenders, chimney shafts
Retailing and wholesaling, including online, in relation to the following goods: paving made of non-metallic materials, Curb stones, Tubs (swimming pools, constructions not of metal), Building materials and elements, not of metal, Non-metallic rigid pipes for building, asphalt, pitch and bitumen, Transportable structures and buildings, not of metal, Monuments, not of metal, Rockeries, Cobble setts, paving blocks, Flooring screeds, flooring underlay
Retail and wholesale services, also online, in relation to the following goods: Flooring base layers, Blocks (Non-metallic -) for use in flooring construction, paving stones, Glazed ceramic tiles, flooring tiles (non metallic), Tile floors, not of metal, Floor-boards, Flooring screeds, Floor tiles, Stone, Stone slates, Stone for building, Paving stones, building materials made of natural stones
Retailing and wholesaling, including online, in relation to the following goods: Construction materials of artificial stone, Stone veneers [building materials], Building and construction materials and elements of the following materials: Sand, Stone, Cobblestones, Clay, Ores and Beton, Building and construction materials and elements of the following materials: pitch, Tar, Bitumen or asphalt, Building and construction materials and elements of the following materials: wood and Manufactured wood, Glass bricks, Bamboo, for building
Retailing and wholesaling, including online, in relation to the following goods: Sidings (Non-metallic -), sawn timber
Retailing and wholesaling, including online, in relation to the following goods: Furniture and furnishings, Garden furniture, Vats, not of metal, Statues, figurines and works of art, ornaments and decorations, made of wood, wax, plaster or plastic, included in this class, Reeds [raw or partly worked material], Bamboo, Bamboo, unworked or semi-worked, Bamboo cane, Rattan, wicker, Horn, unworked or semiworked, Animal bone [unworked or partly worked material], Ivory whalebone, Tortoiseshell
Retailing and wholesaling, including online, in relation to the following goods: Tortoiseshell imitation, Amber, Mother-of-pearl, Meerschaum, Coral, Shells
Retailing and wholesaling, including online, in relation to the following goods: Ropes not for use in the manufacture of awnings and tarpaulins, string not for use in the manufacture of awnings and tarpaulins, nets not for use in the manufacture of awnings and tarpaulins, sails not for use in the manufacture of awnings and tarpaulins, sacks not for use in the manufacture of awnings and tarpaulins, Nets for protective use in gardening not for use in the manufacture of awnings and tarpaulins, Rockfall prevention nets, Drop cloths [textile] not for use in the manufacture of awnings and tarpaulins
Retailing and wholesaling, including online, in relation to the following goods: Floor coverings and Artificial exterior coatings, Wall coverings, Carpets, Rugs, matting, Linoleum, Wall hangings (non-textile), of tapestries of textile
Retailing and wholesaling, including online, in relation to the following goods: Non-woven textile fabrics not for use in the manufacture of awnings and tarpaulins, Tissues (piece goods) not for use in the manufacture of awnings and tarpaulins, Textiles and substitutes for textile goods not for use in the manufacture of awnings and tarpaulins, Filtering materials of textile not for use in the manufacture of awnings and tarpaulins
Retailing and wholesaling, including online, in relation to the following goods: Chimney sweeping implements, fireplace tool sets, Wire brushes [hand operated tools], fireplace pokers, Fireplace shovels, fire tongs, Fireplace bellows [hand tools]
Advertising, marketing and promotional services
Online advertising on a computer network
On-line promotion of computer networks and websites
Marketing by means of events
Market research
Providing commercial information and advice for consumers in the choice of products and services
Sales promotion for others
Procurement of goods on behalf of other businesses
Commercial administration of the licensing of the goods and services of others
Demonstration of goods
Provision of an online marketplace for buyers and sellers of goods and services
Providing business information via websites
Organization of exhibitions for commercial or advertising purposes
Business management, organisation and administration