The trademark panda merchant was filed by Delivery Hero SE, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on September 5, 2021, and received one opposition filed on December 2, 2021 by Orkla Suomi Finland Oy Ab on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by BERGGREN OY and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 2, 2021
The application was filed in English, and English was also language of all opposition proceedings (Spanish was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on December 1, 2022.
Goods And Services
The mark was filed in class 9 with Downloadable computer software application for engaging and coordinating transportation, delivery and courier services and none of the foregoing being computer security products, nor mobile apps, software or downloadable computer software applications for the ordering, booking and electronic processing, administration and invoicing of orders, bookings and deliveries of computer security goods and the provision of computer security services..
The mark was filed in class 35 with following description of goods:
Advertising and promotional services
Business administration in the field of transport and delivery
Business management services in the field of transport and delivery
Computerized food and grocery ordering services
Computerized ordering service featuring consumer goods of others, food, and groceries
On-line ordering service featuring consumer goods of others, food, and groceries
Office functions
On-line retail store services in relation to food
Comparison shopping services
Business management consulting services in the field of transportation and delivery
Providing online portals in the field of consumer-to-business commerce for consumers to enter, manage and modify their consumer preference information for use by merchants to create and manage offers for delivery to consumers
None of the foregoing services being for the retailing, wholesaling, sale, import, export, advertising, presentation, exhibition, promotion, distribution, management, price comparison, provision, marketing or commercialization in any manner of computer security goods and services.
The mark was filed in class 39 with following description of goods:
Providing a website in connection with information regarding delivery services and bookings for delivery services
Transport
Packaging and storage of goods
Food delivery
Parcel delivery
Transport and delivery of good
Message delivery
Express delivery of goods by vehicles
Providing information concerning collection and delivery of assets in transit
Delivery services
Temporary storage of deliveries
Providing information and tracking information to third parties regarding pickup and delivery status via Internet access and telephone
Providing electronic tracking of packages to others
Monitoring, managing and tracking of packages and shipments
Monitoring and tracking of packages and shipments to ensure on-time delivery for business purposes.
The mark was filed in class 42 with following description of goods:
Software design and development
Design and development of software for website development
Development, updating and maintenance of software and database systems
Rental of software for website development
Consultancy relating to software design and development
Design and development of computer software for process control
Design and development of computer software for supply chain management
Design and development of software in the field of mobile applications
Design and development of computer software for logistics, supply chain management and e-business portals
Design and development of computer software for evaluation and calculation of data
Design and development of software for importing and managing data
Planning, design, development and maintenance of online websites for third parties
Creating and designing website-based indexes of information for others [information technology services]
None of the foregoing being computer security services nor services intended for the provision of computer security goods or services.