The trademark ALIBACOIN was filed by ALBA MARIA AMOEDO MARTINEZ, a national of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on October 18, 2021, and received one opposition filed on January 13, 2022 by Alibaba Group Holding Limited on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Sonder IP ApS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 13, 2022
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003162186 was refused according to Article 8(1)(b) CTMR with decision issued on March 27, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Software
Computer e-commerce software
Computer software applications, downloadable
Software applications for mobile telephones, digital tablets and other mobile devices
Application software for social networking services via internet
Databases (electronic)
Electronic notice boards
Apparatus for electronic payment processing
Hardware for processing electronic payments to and from others
E-commerce and e-payment software
Interactive databases
Interactive computer software.
The mark was filed in class 35 with following description of goods:
Business networking services
Mediation and conclusion of commercial transactions for others
Negotiation of commercial transactions for third parties
Advisory services for preparing and carrying out commercial transactions
Electronic order processing
Ordering services for third parties
Business assistance, management and administrative services
Advertising, marketing and promotional services
Import and export services
Market analysis and research
Collection of information relating to market research
Advertising
Commercial information services provided by access to a computer database
Promoting the goods and services of others
Retail, wholesale and on-line selling, in relation the following goods: Chemical products, Paints, Cosmetic preparations and toilet preparations, Perfumery, Cleaning preparations, Industrial oils and greases, Fuels and illuminants, tapers, pharmaceuticals, Sanitary articles and Bathroom equipment, dietetic food and substances, Nutritional supplements, Foodstuffs for animals, Food for babies, Materials for dressings, Dental materials, Disinfectants
Retail, wholesale and on-line selling, in relation the following goods: Machine tools, hand tools, house ware, namely, napery, Flat tableware, pans, Earthenware saucepans and Baking containers, Containers for storing and transporting food, Kitchen containers, Chopping boards, Trays, Napkin rings, Decorative flowers and ornaments, candelabras, scientific apparatus and instruments, Apparatus and instruments for research use, Navigation apparatus and instruments, Surveying apparatus and instruments, Apparatus and instruments for photography, cinematographic apparatus and instruments, Audiovisual apparatus and instruments, optical apparatus and instruments, Weighing apparatus and instruments, Measuring equipment and apparatus, Signalling apparatus and instruments, Detecting apparatus and instruments, Testing apparatus and instruments, inspecting apparatus and instruments, life- saving apparatus and instruments, Teaching apparatus and instruments
Retail, wholesale and on-line selling, in relation the following goods: Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity, Apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data, Recorded or downloadable media, Computer software, Blank digital or analogue recording and storage media, Mechanisms for coin-operated apparatus, cash register
Retail, wholesale and on-line selling, in relation the following goods: calculating devices, Computers and computer peripheral devices, Diving suits, Divers' masks, Ear plugs for divers, Nose clips for divers and swimmers, Gloves for divers, breathing apparatus for underwater swimming, Fire extinguishers, Surgical, medical, dental and veterinary apparatus and instruments, Artificial limbs, eye and teeth, Orthopaedic articles, surgical sutures
Retail, wholesale and on-line selling, in relation the following goods: Therapeutic and assistive devices adapted for the disabled, Apparatus for massage, Apparatus, devices and articles for nursing infants, Sexual activity apparatus, devices and articles, Apparatus and installations for lighting, Heating apparatus and installations, Cooling appliances and installations, Apparatus and installations for steam generating, Cooking apparatus and installations, Drying apparatus and installation, Ventilating apparatus and installations, Water distribution apparatus and installations, Sanitary installations, Vehicles, apparatus for locomotion by land, air or water
Retail, wholesale and on-line selling, in relation the following goods: Firearms, Ammunition, projectiles, Explosives, fireworks, Precious metals and their alloys, Jewellery, precious and semi-precious stones, Horological and chronomatic instruments, Musical instruments, Music stands and stands for musical instruments, Conductors' batons, Paper and cardboard, printed matter, Bookbinding material, photographs
Retail, wholesale and on-line selling, in relation the following goods: Stationery items and Office requisites (except furniture), Adhesives for stationery or household purposes, Drawingmaterials and Artists' materials, paint brushes, Instructional and teaching materials, Plastic sheets, film and bags for wrapping and packaging, Printers' type, printing blocks
Retail, wholesale and on-line selling, in relation the following goods: leather and Imitation leather, animal skins and hides, luggage and carrying bags, Umbrellas and parasols, walking sticks, whips, harness and saddlery, Collars, leashes and clothing for animals, Building materials, Furniture, mirrors, picture frames, Holders For storage or transport, Household or kitchen utensils and containers, Cookware and tableware, Combs and sponges, brushes
Retail, wholesale and on-line selling, in relation the following goods: Articles for cleaning purposes, Glass, Glassware, porcelain and earthenware, Ropes and string, Nets, tents and tarpaulins, awnings of textile or synthetic materials, Sails, Sacks for the transport and storage of materials in bulk, Padding and stuffing materials, thread, Fabrics, bed and table ware, Clothing, footwear, headgear
Retail, wholesale and on-line selling, in relation the following goods: Articles of luggage, Bags, Wallets and Other carriers, notions, Gems, pearls and precious metals and imitations of precious metals, Jewellery, hair accessories, clothing acccessories, Rugs, carpets, matting, wall and floor coverings
Retail services, Wholesaling and ON-LINE, in relation the following goods: games, Toys, Video games, game apparatus, Toy apparatus, video game apparatus, Retailing of gymnastic and sporting articles, Christmas articles, flowers, Plants, Seeds, Food, beverages, Tobacco, smoker's articles, Deskware
Business management
Loyalty scheme services
Administration of loyalty and incentive schemes
Organisation and management of customer loyalty programs
Sales promotion for others
Provision of an online marketplace for buyers and sellers of goods and services
Operation of businesses [for others]
Provision of business information
Providing market information in relation to consumer products
Providing business information via a web site
Providing a searchable online advertising guide featuring the goods and services of other on-line vendors on the internet
Arranging and conducting auctions
Computerized file management
Compilation of information into computer databases
Systemization of information into computer databases.
The mark was filed in class 42 with following description of goods:
Providing temporary use of on-line non-downloadable software for processing electronic payments
Programming of software for e-commerce platforms
Platform as a service [PaaS] featuring software platforms for transmission of images, audio-visual content, video content and messages
Hosting of transaction platforms on the internet
Creation of computing platforms for third parties
IT consultancy, advisory and information services
Updating websites for others
Providing online non-downloadable software for use in communication
Online data storage
Electronic data storage
Hosting services, software as a service, and rental of software
Maintenance of data bases
Testing, authentication and quality control
IT services
Software development, programming and implementation
Hosting of e-commerce platforms on the Internet
Design services
Providing temporary use of non downloadable computer software