The trademark SHISMART was filed by Imad Mallat, a national of the Federal Republic of Germany (the "Applicant") and SHISMART GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on November 25, 2020, and received one opposition filed on February 24, 2021 by PENNY Markt GmbH on Likelihood of confusion. the opponent was represented by Teworte-Vey Simon Schumacher & Partner mbB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 24, 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 July 30, 2023.
Goods And Services
The mark was filed in class 9 with following description of goods:
Software for operating an online shop
Mobile apps
Software
Computer programmes for data processing
Application software for mobile phones
Application software for wireless devices
Application software for mobile devices
Downloadable application software for smart phones
Software for monitoring, analysing, controlling and running physical world operations.
The mark was filed in class 34 with following description of goods:
Hookahs
Substances for inhalation using water pipes, in particular aromatic substances
Hookah tobacco
Mouth pieces for pipes
Pipe cleaners for tobacco pipes
Electronic smoking pipes
Electronic hookahs
Steam stones for hookahs
Mu'assel
Inhalable aerosols and carrier substances therefor, for use in water pipes
Pipe cleaners for tobacco pipes
Tobacco pipes of precious metal
Pipe racks for tobacco pipes
Tobacco pipes, not of precious metal
Devices for heating tobacco for the purpose of inhalation
Devices for heating tobacco substitutes for the purpose of inhalation
Pipes for smoking mentholated tobacco substitutes
Hookah parts, namely, Hoses for hookahs, Hookah bowls and hookah stems.
The mark was filed in class 35 with following description of goods:
Retail services in relation to: Tobacco, exclusively for hookahs
Wholesale services in relation to: Tobacco, exclusively for hookahs
Retail services in relation to: Articles for use with tobacco exclusively for hookahs
Wholesale services in relation to: Articles for use with tobacco exclusively for hookahs
On-line ordering services in the field of restaurant take-out and delivery
Online ordering services.
The mark was filed in class 43 with following description of goods: