The trademark momox fashion was filed by Momox SE, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on April 28, 2021, and received one opposition filed on July 27, 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 July 27, 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. Change of name and address of the trademark registration was recorded on January 16, 2023. Deletion of the representative of the trademark registration was recorded on June 29, 2023. Appointment and Replacement of representative of the trademark registration was recorded on July 2, 2023. Appointment and Replacement of representative of the trademark registration was recorded on September 24, 2024.
The Appeal with reference B R0138/2023-1 was Trade mark application partially refused according to Article 8(1)(b) EUTMR with decision issued on August 6, 2023 by the EUIPO. The Opposition with reference B 003151674 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on December 15, 2022 by the EUIPO. The null with reference B T-601/23 was Closed without judgment according to null with decision issued on April 9, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer software
Mobile apps
Including software for mobile communications 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 relating to convenience goods, Namely books, Pamphlets, And clothing, Footwear, headgear, Electronic articles, Toys, Decorative articles, Cosmetics and Perfumery products, Edible, Natural stimulants, Tobacco goods, sporting items, Electrical and electronic apparatus of all kinds.
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
Buying and selling used goods by means of an online platform, namely Fashion accessories, washing preparations and Furbishing preparations, Toiletries, food for infants and Beauty care preparations And Foodstuffs for animals, Perfumery, Cosmetics, Clothing, footwear, headgear, infantwear, domestic electrical and electronic equipment, Information technology, audiovisual, multimedia and photographic apparatus, Sound recording carriers and data carriers, Sporting and fitness articles, Clocks, Jewellery, Costume jewellery, Printed matter, stationery, office requisites, Leatherware, namely luggage, Bags, Wallets and other carriers, Saddlery, Decorative articles, Toys, sporting goods
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 related to the following goods: Fashion accessories, Washing and cleaning preparations, Toiletries, food for infants and Beauty care preparations And Foodstuffs for animals, Perfumery, Cosmetics, Clothing, footwear, headgear, infantwear, domestic electrical and electronic equipment, Information technology, audiovisual, multimedia and photographic apparatus, Sound recording carriers and data carriers, Sporting and fitness articles, Clocks, Jewellery, Costume jewellery, Printed matter, stationery, office requisites, Leatherware, namely luggage, Bags, Wallets and other carriers, Saddlery, Decorative articles, Toys, sporting goods.
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 42 with Providing and operation of online platforms for buying and selling used goods of all kinds and Operation of online platforms for buying and selling used goods of all kinds, namely Fashion accessories, Bleaching preparations (laundry) and Furbishing preparations, Toiletries, Food for infants and treatments and Foodstuffs for animals, Perfumed preparations, Cosmetology, Items of clothing, Articles of footwear, Headgear, Children's clothing, electrical and electronic domestic appliances, Information technology and audio-visual, Multimedia and photographic devices, Audio carriers and data carriers, Sports and fitness articles, horological, Ornaments [jewellery], Fancy jewellery, Printed matter, Articles made of paper and Stationery, Office supplies, Leather things, namely Luggage, Spike bags, Wallets and other carriers, Saddlery, Decoration, games, sporting goods..