The trademark GNOMOLO was filed by CAMST Soc. Coop. a r.L. COOPERATIVA ALBERGO MENSA SPETTACOLO E TURISMO, a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on July 26, 2016, and received one opposition filed on October 26, 2016 by B.R.B. INTERNACIONAL, S.A. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by INGENIAS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 26, 2016
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on December 3, 2017.
The Opposition with reference B 002794231 was rejected according to Article 8(1)(b) EUTMR with decision issued on November 21, 2017 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer software applications, downloadable
Downloadable applications for use with mobile devices
Software and applications for mobile devices
Software development kit [SDK]
Computer software packages
Integrated software packages
Personal computers incorporating dietary aid computer software
Computer software platforms
Games software
Software
Application software for mobile phones
Application software for wireless devices
Application software for social networking services via internet
Training software
Computer software for database management
Electronic game software for mobile phones
Electronic game software for wireless devices
Electronic game software for handheld electronic devices
Interactive computer software
Multimedia software
Educational software
Mobile software
Teacher software
Computer software downloadable from global computer information networks
Data carriers for computers having software recorded thereon.
The mark was filed in class 35 with following description of goods:
Marketing
Advertising services for the promotion of e-commerce
Electronic commerce services, namely, providing information about products via telecommunication networks for advertising and sales purposes
Advertisement via mobile phone networks
Publicity and sales promotion services
Retail services relating to food
Retail services via global computer networks related to foodstuffs
Advertising
Public relations services
Business management
Loyalty card services.
The mark was filed in class 42 with following description of goods:
Providing temporary use of non-downloadable software applications accessible via a web site
Providing temporary use of web-based applications
Hosting of computerized data, files, applications and information
Advice and consultancy in relation to computer networking applications
Application service provider [ASP], namely, hosting computer software applications of others
Consulting in the field of cloud computing networks and applications
Writing and updating computer software
Maintenance and updating of computer software
Configuration of computer software
Advisory services relating to computer programming
Installation, setting up and maintenance of computer software
Rental of software
Rental of application software
Software customisation services
Programming of educational software
Research, development, design and upgrading of computer software
Providing information, advice and consultancy services in the field of computer software
Quality control relating to the hygiene of foodstuffs
Inspection of foodstuffs
Research of foodstuffs
Food sanitation consultation
Technical consultancy in relation to research services relating to foods and dietary supplements
Services for the planning [design] of catering establishments
Engineering consultancy relating to computer programming
Programming of web pages
Computer programming of computer games
Design, development and programming of computer software
Programming of software for Internet portals, chatrooms, chat lines and Internet forums.
The mark was filed in class 43 with following description of goods: