The trademark D was filed by Material Technologies Corporation, a U.S. corporation (the "Applicant"). The application was published for oppositions on August 26, 2021, and received one opposition filed on November 24, 2021 by Trustees of Dartmouth College on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Boult Wade Tennant LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 24, 2021
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Goods And Services
The mark was filed in class 9 with Computer application software for computers and mobile devices, namely, software for evaluation, selection and ordering of materials for use in the fields of interior design, industrial design and architecture, packaging and fashion.
The mark was filed in class 35 with following description of goods:
Retail store services for a wide variety of samples of materials of others, in particular, carpet, ceramic, concrete, cork, felt, film, flooring, foliage, glass, laminate, leather metal, paint, paper, pearl & seashell, resin, stone, textile, vinyl, brick, wallcovering, wood for use in the fields of interior design, industrial design, architecture, packaging and fashion
Providing consumer product information via the Internet
Sample distribution for others, namely, samples of materials for use in the fields of interior design, industrial design, architecture, packaging and fashion
Distribution and dissemination of advertising materials for others
Distribution of publicity materials for others
Promotional services, namely, promoting the goods of others by providing product samples and consumer product information
Providing demand creation and lead generation activities and services
Order fulfillment services
Providing business brokerage services in the fields of interior design, industrial design, architecture, packaging and fashion, namely, matching manufacturers with consumers
Promoting and conducting trade shows in the fields of interior design, industrial design, architecture, packaging and fashion.
The mark was filed in class 42 with Providing information in the fields of interior design, industrial design, architecture and packaging design via a website and computer services, namely software as a service [SaaS] in relation to software in the form of an interactive website that enables users to evaluate, select and order materials from others for use in the fields of interior design, industrial design, architecture, packaging and fashion..