The trademark delio was filed by Lite e-Commerce spółka z ograniczoną odpowiedzialnością, a corporation established under the laws of the Republic of Poland (the "Applicant"). The application was published for oppositions on September 28, 2022, and received undefined oppositions.
Opposition Proceedings
There are undefined oppositions were filed:
The first opposition filed on January 2, 2023 by Dell Inc. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Hogan Lovells (Alicante) S.L. & Cia. and its proceedings were handled in English
The second opposition filed on January 2, 2023 by Dulces y Conservas HELIOS, S.A. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by BALDER IP LAW, S.L. and its proceedings were handled in English
The third opposition filed on January 1, 2023 by Walmeric Soluciones, S.L. on Likelihood of confusion. the opponent was represented by AUDENS LEGAL, SLP and its proceedings were handled in English
The fourth opposition filed on December 27, 2022 by KELIO on Likelihood of confusion. the opponent was represented by GEVERS & ORES and its proceedings were handled in English
The fifth opposition filed on December 26, 2022 by NUBE, S.L. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by BAYLOS and its proceedings were handled in English
The application was filed in Polish, and Polish was also language of all opposition proceedings (English was selected as the second language).
Change of name and address of the trademark registration was recorded on September 25, 2024.
The Opposition with reference B 003186704 was rejected according to Article 8(1)(b) EUTMR with decision issued on May 1, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Ordering and delivery software
Software to provide courier services
Payment software
E-commerce and e-payment software
E-payment software
Retail software
Downloadable software, namely, a mobile app for product delivery and ordering
Software for ordering transport services
Downloadable computer application for engaging and coordinating transportation, delivery and courier services
All aforesaid goods in relation to e-grocery platform, and excluding human resources and payroll software and excluding telemarketing and customer service software (CRM).
The mark was filed in class 35 with following description of goods:
Provision of an online marketplace for buyers and sellers of goods and services
Online ordering services in the field of take-out food restaurants and meal delivery
Retail trade services of the following goods: non-medicated cosmetics and toilet preparations, non-medicated tooth cleaners, perfumery products, essential oils, bleaching agents and other substances used in laundry, cleaning, polishing, scouring and abrasive products
Retail trade services of the following goods: animal care preparations, tailoring and shoemaking wax, abrasives and polishing agents, artificial eyelashes, industrial oils and greases, wax, lubricants, dust-absorbing, moisturizing and binding mixtures
Retail services of the following goods: lighting materials
Retail services of the following goods: pharmaceutical products, medical and veterinary preparations and supplies, sanitary products for medical purposes, dietetic food and substances adapted for medical or veterinary use, baby food, food supplements for humans and animals, plasters, dressing materials, tooth sealing materials, dental waxes
Retail services of the following goods: disinfectants, vermin control products, fungicides, herbicides, dietary preparations, dental and medicinal preparations and supplies, tooth cleaners, hygienic preparations and supplies
Retail trade services of the following goods: equipment and instruments for conducting, switching, transforming, collecting, controlling and regulating electricity, equipment and instruments for recording, transmission, reproduction or processing of sound, images or data
Retail services of the following goods: mechanisms for coin-operated devices, cash registers, counting devices
Retail trade services of the following goods: photographic equipment, magnets, magnetizers and demagnetizers, scientific and laboratory equipment for processing by electricity, apparatus, equipment and cables for electrical purposes, optical equipment, amplifiers and equalizers
Retail trade services of the following goods: telephones
Retail services of the following goods: surgical, medical, dental and veterinary equipment and instruments, prostheses for limbs, eyes and teeth, orthopaedic articles, suture materials used in surgery, therapeutic and assistive devices adapted for disabled persons
Retail trade services of the following goods: massage appliances, infant care appliances, instruments and supplies, sexual activity appliances, instruments and supplies, physiotherapy appliances and supplies, hearing protectors, feeding devices and pacifiers, sexual aids, medical and veterinary apparatus and instruments
Retail trade services of the following goods: furniture and bedding for medical purposes, patient handling equipment, medical clothing, prostheses and artificial implants, orthopedic articles and mobility aids, contraceptive articles, erotic gadgets, sexual aids
Retail trade services of the following goods: equipment and installations for lighting, heating, cooling, steam generation, cooking, drying, ventilation, water supply and sanitary purposes, piping and equipment for transportation of combustion gases
Retail trade services of the following goods: suntanning equipment, sanitary fittings and fixtures, water supply and sanitation equipment, burners, boilers and heaters, lighting and floodlights, cooking, heating, cooling and canning equipment, for food and drink, fireplaces, filters for industrial and domestic use
Retail services of the following goods: heating and drying equipment for personal use, drying installations and equipment, cooling and freezing installations and equipment
Retail trade services of the following goods: safety and control accessories for water and gas installations, heating, ventilation, air-conditioning and air-purification systems and equipment, lighters and igniters
Retail trade services of the following goods: vehicles and means of transport, equipment for moving about on land, in the air or on water, vehicle parts and accessories
Retail services of the following goods: fireworks
Retail trade services of the following goods: ornaments made of or lined with precious and semi-precious metals or stones and imitations thereof, jewelry boxes and watch cases, key rings and pendants therefor, coins
Retail trade services of the following goods: musical instruments, sheet music stands and stands for musical instruments, conductor batons
Retail trade services of the following goods: paper and cardboard, printed matter, bookbinding materials, photographs, stationery and office supplies, except furniture, adhesives for office or household purposes, drawing materials and artists' materials, paint brushes
Retail trade services of the following goods: instructional and teaching materials, plastic sheets, foils and bags for wrapping and packaging, printing type, stencils for hand printing
Retail trade services of the following goods: works of art and figures of paper and cardboard, architectural models, artists' and decorative materials and supplies, filter materials of paper
Retail trade services of the following goods: handbags and packing and storage articles of paper, paperboard or plastic
Retail services of the following goods: stationery and educational equipment, adhesives for stationery or household use, printed matter, money clips, disposable paper products
Retail trade services of the following goods: books, comic books, recorded computer game software, game codes, music, films and other types of electronic text and picture publications fixed on carriers, gift cards
Retail trade services of the following goods: unprocessed and semi-processed rubber, gutta-percha, rubber, asbestos, mica and imitations of these materials, plastics and resins in extruded form for use in manufacturing, sealing, filling and insulating materials, flexible pipes, tubes and hoses, non-metallic, seals, gaskets and fillings, articles and materials for insulation and protection
Retail services of the following goods: leather and imitations of leather, animal skins, suitcases, travel bags, handbags, wallets and other articles for carrying, umbrellas and parasols, walking sticks, whips, harnesses and saddlery, collars, leashes and clothing for animals
Retail trade services of the following goods: walking and trekking poles
Retail trade services of the following goods: non-metallic monuments, statuettes and works of art made of materials such as stone, concrete and marble, furniture and furnishing accessories, mirrors, picture frames, containers, non-metallic, for storage or transportation
Retail services of the following goods: unprocessed or semi-processed bone, horn, whalebone or mother-of-pearl, shell, sea foam, yellow amber
Retail trade services of the following goods: kennels, pens and pet beds
Retail trade services of the following goods: non-metallic baskets, non-metallic barrels and drums, non-metallic coffins and funeral urns, non-metallic letter boxes, non-metallic container closures, non-metallic lattice boxes and pallets
Retail services of the following goods: mannequins, tailor's dummies, ladders and non-metallic escalators
Retail trade services of the following goods: kitchen and household utensils and containers, kitchen utensils and tableware except forks, knives and spoons, combs and sponges, brushes (except paint brushes), brush-making materials, cleaning equipment
Retail services of the following goods: unprocessed or semi-processed glass except for glass used in construction, glassware, porcelain and ceramic articles, statuettes, figurines, plaques and works of art made of materials such as porcelain, terracotta or glass, unprocessed and semi-processed glass being a semi-finished product
Retail services of the following goods: gardening supplies, household cleaning supplies, brushes and brush-making supplies, tableware, kitchen utensils and containers, cosmetic and toiletries
Retail services of the following goods: articles for animals, articles for clothing and footwear, ropes and cords, nets, tents and tarpaulins, awnings of textile or synthetic materials, sails
Retail trade services for the following goods: bulk material transport and storage bags, padding and stuffing materials, except paper, paperboard, rubber or plastics, unprocessed textile fabrics and their substitutes, yarn and thread for textiles, textiles and imitation textiles
Retail services of the following goods: table and bed linen, curtains of textile or plastic materials, fabrics, clothing, footwear, headgear, lace, weaving and embroidery, and haberdashery ribbons and bows
Retail services of the following goods: buttons, hooks and eyes, pins and needles, artificial flowers
Retail trade services of the following goods: hair ornaments, artificial hair, clothing accessories, sewing articles and decorative textile articles, hair ornaments, hair rollers, articles for styling hair and wigs and artificial hair
Retail services of the following goods: artificial fruits, vegetables and flowers, pendants (not jewelry or for keys, rings or chains), entomological needles and pins, carpets
Retail services of the following goods: rugs (kilims), mats and straws, linoleum and other floor covering materials, wall drapes, non-textile, wall and ceiling coverings
Retail services of the following goods: games, toys and amusement items, video game equipment
Retail services of the following goods: gymnastic and sporting goods, Christmas tree decorations, sporting goods and equipment, Christmas decorations and artificial Christmas trees, playground and amusement park equipment
Retail services of the following goods: meat, fish, poultry, game, meat extracts
Retail trade services of the following goods: canned, frozen, dried and cooked fruits and vegetables, jellies, jams, compotes
Retail trade services of the following goods: eggs, milk, cheese, butter, yogurt and other dairy products, edible oils and fats, meat and sausages, fish, seafood and molluscs, not live, dairy products and dairy substitutes, birds' eggs and egg products
Retail services of the following goods: edible oils and fats, processed fruit, vegetables and mushrooms (including nuts and pulses), soups and broths, meat extracts, processed insects and larvae, natural and artificial sausage casings
Retail trade services for the following commodities: coffee, tea, cocoa, unnatural coffee and substitutes for these commodities, rice, pasta and noodles, tapioca and sago, flour and cereal products, bread, confectionery and sugar confectionery, chocolate, ice-cream, sorbets and other edible ice, sugar, honey, molasses (syrups)
Retail trade services of the following goods: yeast, baking powder, salt, spices, seasonings, dried herbs, vinegar, sauces and other condiments, ice (frozen water), flavourings, baked goods, sugars, natural sweeteners, confectionery toppings and fillings, bee products, ice, ice cream, frozen yoghurt and sorbets
Retail trade services of the following goods: processed grains, starches and products derived therefrom, baking preparations and yeast, raw and unprocessed agricultural, horticultural, forestry and aquaculture products, raw and unprocessed grains and seeds, fresh fruit and vegetables, fresh herbs
Retail trade services of the following goods: natural plants and flowers, bulbs, seedlings and seeds for planting, live animals, organisms for breeding, food and beverages for animals, malt, agricultural and aquaculture crops, horticultural and forestry products, animal feeds, animal bedding
Retail services of the following goods: food products, beverages
Retail trade services of the following goods: beer and brewery products, soft drinks, mineral and aerated waters, fruit drinks and fruit juices, syrups and other non-alcoholic beverage preparations, alcoholic beverages, except beer, alcoholic beverage preparations
Retail services of the following goods: tobacco and tobacco substitutes, cigarettes and cigars, electronic cigarettes and oral sprays for smokers, smoking paraphernalia, matches
All aforesaid retail trade services in relation to e-grocery platform.
The mark was filed in class 36 with following description of goods:
Provision of prepaid cards and tokens
Insurance services
Financial, monetary and banking services
Financial transfers and transactions, and payment services
Fundraising and financial sponsorship
Bank card, credit card, debit card and electronic payment card services
E-wallet payment services.
The mark was filed in class 39 with Transportation and delivery of goods and Packaging and storage of goods..
The mark was filed in class 42 with following description of goods:
Ordering and Delivery Software as a Service (SaaS)
Software as a Service (SaaS) for courier services
Payment Software as a Service (SaaS)
E-commerce and electronic payment software as a service (SaaS)
Electronic payment software as a service (SaaS)
Retail Software as a Service (SaaS)
Software as a Service (SaaS) for ordering transportation services
Downloadable computer software for engaging and coordinating transportation, delivery and courier services as a service (SaaS)
All aforesaid services in relation to an e-grocery platform
None of the aforesaid in relation to human resources and payroll software or telemarketing and customer service software (crm).
The mark was filed in class 43 with Services of providing food and drink excluding services provided in discotheques, clubs, restaurants and hotels.
The mark was filed in class 45 with following description of goods:
Services in the area of identity validation
Providing authentication of personal identification information [identification verification services]