The trademark DMALL was filed by DMALL LIFE (CHINA) DIGITAL TECHNOLOGY CO., LTD., a corporation established under the laws of the People's Republic of China (the "Applicant"). The application was published for oppositions on March 23, 2021, and received one opposition filed on June 3, 2021 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 June 3, 2021
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
The Opposition with reference B 003148048 was rejected according to Article 8(1)(b) EUTMR with decision issued on July 28, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 35 with following description of goods:
Advertising
Sales promotion for others
Provision of an on-line marketplace for buyers and sellers of goods and services
Business management assistance
Updating and maintenance of data in computer databases
Personnel management consultancy
Rental of sales stands
Sponsorship search
Rental of vending machines
Retail services for pharmaceutical, veterinary and sanitary preparations and medical supplies
Online advertising on a computer network
Presentation of goods on communication media, for retail purposes
Procurement services for others [purchasing goods and services for other businesses]
Marketing
Systemization of information into computer databases
Import-export agency services
Updating and maintenance of information in registries
Compilation of information into computer databases
Wholesale services for pharmaceutical, veterinary and sanitary preparations and medical supplies
Business auditing.
The mark was filed in class 42 with following description of goods:
Technological research
Design and writing of computer software
Consultancy in the design and development of computer hardware
Information technology [it] consultancy
Software as a service [saas]
Platform as a service [paas]
Product testing
Quality control
Packaging design
Graphic design of promotional materials
Research and development of new products for others
Installation of computer software
Maintenance of computer software
Computer system design
Development of computer platforms
Data conversion of computer programs and data [not physical conversion]