The trademark momax was filed by Newstar Communication Co., Limited, a corporation established under the laws of Hong Kong, Special Administrative Region of the People's Republic of China (the "Applicant"). The application was published for oppositions on August 25, 2022, and received one opposition filed on September 12, 2022 by XXXLutz Marken GmbH on Likelihood of confusion. the opponent was represented by BRAUN-DULLAEUS PANNEN EMMERLING PATENT- UND RECHTSANWALTSPARTNERSCHAFT MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 12, 2022
The application was filed in English, and English was also language of all opposition proceedings (Spanish was selected as the second language).
The Opposition with reference B 003178459 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on November 26, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Covers for tablet computers
Screen protector
Digital pens
Stands adapted for tablet computers
Stands adapted for laptops
Stands adapted for mobile phones
Pen tip of digital pens
Mobile phone pouches
Cases adapted for electronic devices, namely, earphones, mobile phones, tablet computers, laptop, electronic pens and electronic tags
Stand for earphones
Earphone accessories
Screen protectors for mobile phones, tablet computers and laptops
Mouse pads card readers
Car mounts for mobile phone
Cases, covers, holders and carriers adapted for mobile phones, laptop computers, tablet computers and electronic tags
Leather cases adapted for mobile phones, laptop computers and tablet computers
Apparatus for cleaning camera lens
Electronic pens
Computer keyboards
Coolers for mobile phones
Downloadable software for blockchain-based inventory management
Downloadable software for viewing crypto-collectibles, non-fungible tokens (NFTs) and other application tokens
Downloadable software for use in electronically trading, storing, sending, receiving, accepting and transmitting crypto-collectibles, non-fungible tokens (NFTs) and other application tokens
Downloadable software for use in electronically trading, storing, sending, receiving, accepting and transmitting digital currency, and managing digital currency payment and exchange transactions
Downloadable software for engaging in social networking and interacting with online communities
Downloadable software for accessing and streaming multimedia entertainment content
Downloadable software for providing access to an online virtual environment
Downloadable computer software for the creation, production and modification of digital animated and non-animated designs and characters, avatars, digital overlays and skins for access and use in online environments, virtual online environments, and extended reality virtual environments
Software to generate virtual tokens
Virtual and augmented reality software
Virtual reality applications, featuring household accessories, computer peripheral devices, mobile phone peripheral devices, electronic appliances products, home appliance products and apparatus and installations for lighting, heating, cooling, and ventilating.
The mark was filed in class 35 with following description of goods:
Wholesaling and retailing of computer peripheral devices, mobile phone peripheral devices, electronic appliances products, namely, smart home hubs, Internet of Things [loT] gateways
Provision of an online marketplace for buyers and sellers of downloadable digital products, namely, household accessories, computer peripheral devices, mobile phone peripheral devices, electronic appliances products, home appliance products and apparatus and installations for lighting, heating, cooling, and ventilating, authenticated by non-fungible tokens (NFTs)
Provision of an online marketplace for buyers and sellers of downloadable digital art images, text, audio, video, games, and internet web links authenticated by non-fungible tokens (NFTs)
Providing an online marketplace for buyers and sellers of crypto collectibles.