The trademark DSSS was filed by Patrick de Wit Holding B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on October 12, 2022, and received one opposition filed on January 12, 2023 by DSS Sustainable Solutions Switzerland SA on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by IPRIME BONNEKAMP SPARING PATENTANWALTSGESELLSCHAFT MBH and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 12, 2023
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
Business administration
Office functions, including for the purpose of booking and reserving means of transport
Business organisation advice, Professional business consultancy and Business administration consultancy in the following fields: Business management of a transportation fleet, Fuel consumption, Transport costs, Kilometres and damage and other logistics processes
Drawing up of economic and financial statements and expert reports for businesses
Providing of commercial information and data, including in relation to vehicles
Arranging of advertising services
Publication of advertising texts
Distribution of advertising material
Promotional activities
Advertising
Business project management
Commercial intermediation services
Business mediation and consultancy in the field of the purchase and sale of products and the acquisition and rendering of services
Presentation of goods and services
Business consultancy relating to e-commerce
Business strategy services
Optimisation of search engines and website traffic
Sales management services
Marketing
Remarketing
Market canvassing, market research and market analysis
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing in relation to the following goods: Scientific and teaching apparatus and instruments, Checking (supervision) apparatus and instruments and Inspection equipment and Inspection instruments, Data processing equipment and computers, Computer systems, Computer peripherals, downloadable computer software for blockchain technology, software applications, Computer software, software packages, Computer software feature application, Mobile applications and web applications and Parts for the aforesaid goods
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing in relation to the following goods: Software, Packaged computer software, Computer software feature application, Mobile applications and Web applications, The aforesaid goods for the management of data and files, Database software, Software, Packaged computer software, Computer software feature application, Mobile applications and Web applications in the following fields: Artificial intelligence and Machine learning and Parts for the aforesaid goods
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing in relation to the following goods: Software, Packaged computer software, Computer software feature application, Mobile applications and Web applications, The aforesaid goods for the purpose of the transport and transportation sector and for the purpose of providing insight into, among other things, location and technical data of means of transport and Parts for the aforesaid goods
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing in relation to the following goods: Navigation, guidance, tracking, targeting and map making devices, Global positioning instruments, GPS receivers, Global Positioning System (GPS) apparatus and Satellite navigation system and Parts for the aforesaid goods, Promotional materials and merchandising articles
Organisation of events for commercial and advertising purposes
Computerised stock management
Provision of commercial information
Collecting, systematising, managing, processing and analysing data
Drafting of business reports
Provision of statistical information relating to business
Statistical analysis and reporting services for business purposes
Conducting online research in the field of business management
Collection of statistics for business
Opinion polling
Compilation and management of data files
Making available, seconding and deploying personnel, including IT and ICT specialists
Maintaining, registering and directing vehicle condition data and processes
Maintaining, registering and directing data and processes regarding the processing and handling of vehicles
Maintaining, registering and directing data and processes regarding value-added logistics, including the application of accessories and stickers
Maintaining, registering and directing vehicle refurbishment data and processes
Maintaining, registering and directing data and processes regarding the storage and issue of goods
Maintaining, registering and directing data and processes regarding the integration and coordination of activities between service providers on a compound that contribute to the services/goods purchased by the end customer
Supply chain management
Chain management, directing of incoming and outgoing goods flows in the warehouse in the supply chain
Arranging of auctions
Administrative process automation, including for payment transactions, claims handling and automated bookings
Consultancy and information regarding the aforesaid services
The aforesaid services also provided via electronic networks, such as the Internet.
The mark was filed in class 38 with following description of goods:
Telecommunication services
Transfer, distribution, transmission and sending of data, images and sound
Providing of access and Ordering in relation to the following goods: Including via electronic communications networks, whether or not wireless, web sites, Portals, Electronic databases and Online communication facilities, The aforesaid goods, including for the purpose of offering a platform for booking and reserving means of transport
Transfer, display and sharing of customisable logistics content
Electronic data transfer
Telephone and mobile telephone services
Computer communication and internet access
Voice over Internet Protocol [VoIP] communication services
Providing access to search engines
Providing access to and providing of an interactive online platform
Rental of telecommunication equipment
Consultancy and information regarding the aforesaid services
The aforesaid services also provided via electronic networks, such as the Internet.
The mark was filed in class 39 with following description of goods:
Transport
Logistics services
Transport information, advice and reservation services
Advisory in relation to the following services: Booking of vehicles, Rental of means of transport and hiring of vehicles
Packaging and storage of goods
Distribution organisation
Lease-purchase financing, Rental services and Providing of in relation to the following goods: Conveyances and Apparatus and accessories for the aforementioned goods
Offering mobility solutions
Information and consultancy relating to the aforesaid services
The aforesaid services also provided via electronic networks, such as the Internet.
The mark was filed in class 42 with following description of goods:
Scientific and technological services and research and design relating thereto
Industrial analysis and research services
Design, Creation, Updating, Implementing and Ordering, In connection with the following goods: Software, Computersoftware packages, software applications (apps), Mobile applications and web applications, All the aforesaid including with artificial intelligence
Design services for data processing systems
Blockchain as a service (BaaS)
Platform as a service [PaaS]
Infrastructure as a service (IaaS)
Software as a service [SaaS]
Cloud computing
Data warehousing
Design, development and updating of computer systems, computer networks and computers
Computer system design
Computer software
Digital data encryption
Electronicdata storage
Certification of data via blockchain
Design and development of computer hardware and software
Design, development and implementation of software for blockchain technology
Draughting, Development and Implementation, In connection with the following goods: Software solutions for digital security
Providing of software enabling users to rent means of transportation
Providing of software for electronic logistics platforms
Providing computer software for use as an application programming interface (API) to develop, test and integrate blockchain software applications
Automation services
IT services
Engineering services
Testing, authentication and quality control
IT and ICT specialists
Design, development, programming, implementation, maintenance, management and hosting of websites
Website capacity and usability testing services
Hosting of e-commerce platforms on the Internet
Hosting of computer sites (websites)
Data mining
Electronic storage of files, data and documents
Encoding, decoding and authentication of data
IT security, protection and restoration
Data encryption
Industrial and graphic design
Consultancy and information regarding the aforesaid services
Including the aforesaid services provided via electronic networks, including the Internet.