The trademark MOOD was filed by ALQUIMIA VENTURE CAPITAL, S.L., a corporation established under the laws of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on October 10, 2022, and received one opposition filed on January 9, 2023 by mod IT Services GmbH on (a) Art. 8(4), (b) Likelihood of confusion. the opponent was represented by GRAMM, LINS & PARTNER PATENT- UND RECHTSANWÄLTE PARTGMBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 9, 2023
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 38 with following description of goods:
Transmission of digital files
Transmission of electronic mail
Provision of internet access services
Video-on-demand transmission
Providing internet chatrooms
Providing online forums
None of the aforementioned services in connection with IT security, IT protection and restoration, IT consultancy, IT advisory and information services, IT workplace management, cloud computing services, development of computer hardware and computer software.
The mark was filed in class 42 with following description of goods:
Electronic data storage
Server hosting
Services provided by engineers and scientists tasked with undertaking assessments, appraisals, research and reports in the scientific and technological fields (including technological consultancy)
None of the aforementioned services in connection with IT security, IT protection and restoration, IT consultancy, IT advisory and information services, IT workplace management, cloud computing services, development of computer hardware and computer software.