The trademark DM BEAUTY was filed by MONDADORI MEDIA SPA, a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on October 18, 2020, and received one opposition filed on December 22, 2020 by dm-drogerie markt GmbH + Co. KG on Likelihood of confusion. the opponent was represented by LBP Lemcke, Brommer & Partner Patentanwälte mbB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 22, 2020
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 3 with following description of goods:
Bleaching preparations and other substances for laundry use
Cleaning, polishing, scouring and abrasive preparations
Potpourris [fragrances], Incense and Incense sticks.
The mark was filed in class 9 with following description of goods:
Downloadable software in the form of apps for entertainment, games, shows, teaching, reading, information
Electronic publications, downloadable
USB flash drives [not pre-recorded]
Talking books
Downloadable image files
Electronic publications recorded on computer media
None of the aforesaid goods relating to the IT sector.
The mark was filed in class 16 with following description of goods:
Appointment books
Office paper stationery
Stationery
Note pads
Pads [stationery]
Writing paper
Writing tablets
Adhesive labels
Labels of paper
Writing or drawing books
Ball pens
Pens
Pencil lead holders
Fountain pens
Correcting fluids [office requisites]
Albums
Photographic albums
Adhesives for stationery
Almanacs
Tickets
Greeting cards
Gift vouchers
Gift certificates
Calendars
Postcards and picture postcards
Transfers [decalcomanias]
Bookplates
Photographs [printed]
Comics
Newspapers
Books
Manuals for instructional purposes
Journals
Printed publications
Educational publications
Periodicals
Promotional publications
Printed advertisements
Daily newspaper
Printed art reproductions
Magazines [periodicals]
Textbooks
Coffee table books
Pamphlets
Novels
Paper.
The mark was filed in class 35 with following description of goods:
Advertising, marketing and promotional services
Arranging of presentations for advertising purposes
Online advertisements
Placing advertisements for others
Compilation of advertisements
Banner advertising
Arranging of competitions for advertising purposes
Promoting the goods and services of others
Publication of publicity materials
Issuing of publicity leaflets
Advertising through all public communication means
Advertising in periodicals, brochures and newspapers
Advertising services for the literary industry
Advertising services for the promotion of e-commerce
Advertising services relating to newspapers
Organisation and conducting of events, exhibitions, trade fairs and shows for commercial, promotional and advertising purposes
Organisation, operation and supervision of loyalty schemes and incentive schemes
Loyalty cards
Customer club services, for commercial, promotional and/or advertising purposes
Distribution and dissemination of advertising materials [leaflets, prospectuses, printed material, samples]
Newspaper subscriptions
Subscriptions to electronic journals
Commercial information and advice for consumers [consumer advice shop]
Price comparison services
Subscriptions (arranging of) to books, reviews, newspapers or comic books
Computerized file management
Computerized file management
Computerised business information retrieval
Advertising and sales promotion in relation to goods and services provided and ordered via telecommunications or electronic media
Sale of magazines, newspapers, publications.
The mark was filed in class 38 with following description of goods:
Electronic news agency services in connection with magazines and electronic publications
News agency services [transmission of news]
Providing an online interactive bulletin board in connection with magazines and electronic publications
Blogging services namely in connection with news, magazines and electronic publications.
The mark was filed in class 41 with following description of goods:
Publishing of web magazines
Education and entertainment
Interactive television, interactive games and interactive competitions
Interactive entertainment, educational, sporting and cultural services through watching television
Arranging of educational, training and refresher courses, conventions, seminars, shows, reviews, displays, events, trade fairs, exhibitions, competitions for training and cultural activities
Sporting and cultural activities
On-line publishing and publication of books, newspapers, magazines, printed publications, printed matter, periodicals and texts
Photographic reporting
Game services provided online from a computer network
Electronic games services provided via the Internet
Providing of non-downloadable electronic publications online in the form of books, newspapers, magazines, blogs and online magazines via a global computer network
Publication of electronic books, audio books and illustrations
Online libraries and in particular providing electronic library services relating to daily newspapers, magazines, photographs and images via a computerised network
Library services provided by means of a computerised database containing information extracted from newspapers.
The mark was filed in class 44 with following description of goods:
Medical services, Human hygiene and beauty care
Care and wellness centres
Consultancy in relation to cosmetics and beauty care
Health club services, massage, sauna services, hydrotherapy, thalassotherapy, aromatherapy, physiotherapy
Cosmetic and/or aesthetic analysis
Application of cosmetic products to the face and/or body