The trademark BRANDHUB was filed by Brandpath Limited, a corporation established under the laws of the United Kingdom of Great Britain and Northern Ireland (the "Applicant"). The application was published for oppositions on May 24, 2021, and received one opposition filed on August 22, 2021 by MORILLAS BRAND DESIGN, S.L. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. 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 August 22, 2021
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on November 15, 2021. Appointment and Replacement of representative of the trademark registration was recorded on October 4, 2022.
The Opposition with reference B 003153279 was rejected according to Article 8(1)(a) EUTMR with decision issued on May 3, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer software
Computer systems programs and hosted software technology to act as an e-commerce platform and bespoke software technology to allow businesses and their supply chains to conduct transactions over remote computer databases
Computer software applications programs allowing order management and tracking, remote site management and customer relationship management, analysis of customer preferences and buying patterns
Computer software application programs to allow secure real time financial transactions and authentication
Computer software applications programs for use in database management, spreadsheets, word processing and for graphical applications
Computer software application programs for processing, manipulating and analysing data and for transmitting the data by means of computer terminals, by means of fibre-optic networks, by means of fibre-optic cables, provided through and/or downloaded from a global computer network by means of hosted computer software, telephones, mobile phones and WAP phones and interactive television apparatus
Pre-recorded data media, namely, magnetic discs, optical discs, magneto-optical discs, all containing the aforesaid computer programs
Apparatus for the recording, transmission or reproduction of sound or images
Audio recorders and players
Communications apparatus, equipment and accessories
Telecommunications apparatus, equipment and accessories
Paging apparatus and equipment, computer hardware
Computer firmware
Downloadable games
Downloadable computer software
Publications provided on-line from databases or the Internet
Digital music provided from the Internet
Computer software supplied from the Internet
Computer software and/or telecommunications apparatus to enable connection to databases and the Internet
Batteries
Battery chargers
Electronic downloadable publications
Parts and fittings for all the aforesaid.
The mark was filed in class 35 with following description of goods:
Business services relating to the commercialization of goods and services
Retail store services, retail sales services provided by means of a global computer network in relation to telecommunications equipment, multimedia equipment, computer hardware, computer software, computer firmware and accessories, audio-visual equipment, electronic notebooks, mp3 players, microphones, mobile phones, pagers, mobile devices, smartphones, WAP phones tablets, e-readers
Retail store services, retail sales services provided by means of a global computer network in relation to digital memory storage devices, memory cards, hard drives, monitors, laptops, processors, batteries, power cells, smart home products namely computer hardware and software designed for smart home control including security cameras, locks, lighting, thermostats, vacuums, televisions, cameras, camcorders, wifi devices, hubs, network devices, electronic bathroom products, home theatre, sound systems, speakers, headphones, electronic garden equipment, gaming products, gaming consoles, games, cameras, photographic equipment and accessories, GPS/tracking devices, personal computers, printers, monitors, projectors, electronic kitchen products and other electrical household goods, smart lighting
Retail store services, retail sales services provided by means of a global computer network in relation to security products, vacuums, cleaning robots, robots and robotic equipment, thermostats, baby monitors, electronic kitchen products, electronic safety products, electronic emergency products, TVs, cameras, camcorders, wifi devices, hubs, network devices, electronic bathroom products, home theatre, sound systems, speakers, headphones
Retail store services, retail sales services provided by means of a global computer network in relation to electronic garden equipment, gaming products, gaming consoles, games, cameras, photographic equipment and accessories, GPS/tracking devices, toys, drones, smartwatches, smartglasses, health monitors, fitness trackers, activity trackers, watches, in-car electronics, printers and printer accessories, projectors, computers, networking services, monitors, 3D printers
Retail store services, retail sales services provided by means of a global computer network in relation to power cables, battery chargers, garden accessories, visual/optical equipment and accessories, binoculars, telescopes, microspores, range finders, whiteboards, interactive television apparatus, sim cards, third-party telephone calling cards, third-party scratch cards, data cards, memory cards, data processing equipment, fitness equipment, entertainment equipment
Computerized searching in relation to general merchandise and general consumer goods
Mail order, catalogues and on-line retail and wholesale distributorship services in relation to general merchandise and general consumer goods namely telecommunications equipment, multimedia equipment, computer hardware, computer software, computer firmware and accessories, audio-visual equipment, audiovisual equipment, electronic notebooks, mp3 players, microphones, mobile phones, pagers, mobile devices, smartphones, WAP phones tablets, e-readers
Mail order, catalogues and on-line retail and wholesale distributorship services in relation to general merchandise and general consumer goods namely digital memory storage devices, memory cards, hard drives, monitors, laptops, processors, batteries, power cells, smart home products namely computer hardware and software designed for smart home control including security cameras, locks, lighting, thermostats, vacuums, televisions, cameras, camcorders, wifi devices, hubs, network devices, electronic bathroom products, home theatre, sound systems, speakers, headphones, electronic garden equipment, gaming products, gaming consoles, games, cameras, photographic equipment and accessories, GPS/tracking devices, personal computers, printers, monitors, projectors, electronic kitchen products and other electrical household goods, smart lighting
Mail order, catalogues and on-line retail and wholesale distributorship services in relation to general merchandise and general consumer goods namely security products, vacuums, cleaning robots, robots and robotic equipment, thermostats, baby monitors, electronic kitchen products, electronic safety products, electronic emergency products, TVs, cameras, camcorders, wifi devices, hubs, network devices, electronic bathroom products, home theatre, sound systems, speakers, headphones
Mail order, catalogues and on-line retail and wholesale distributorship services in relation to general merchandise and general consumer goods namely electronic garden equipment, gaming products, gaming consoles, games, cameras, photographic equipment and accessories, GPS/tracking devices, toys, drones, smartwatches, smartglasses, health monitors, fitness trackers, activity trackers, watches, in-car electronics, printers and printer accessories, projectors, computers, networking services, monitors, 3D printers
Mail order, catalogues and on-line retail and wholesale distributorship services in relation to general merchandise and general consumer goods namely power cables, battery chargers, garden accessories, visual/optical equipment and accessories, binoculars, telescopes, microspores, range finders
Mail order, catalogues and on-line retail and wholesale distributorship services in relation to general merchandise and general consumer goods namely whiteboards, interactive televisionapparatus, sim cards, third-party telephone calling cards, third-party scratch cards, data cards, memory cards, data processing equipment, fitness equipment, entertainment equipment
Retail services, mail order retail services, online retail services and wholesale services connected with the sale of computer hardware, firmware, software and accessories, electronic devices namely tracking devices, gaming devices, detection devices, display devices, reading devices, timing devices, charging devices, archiving devices, calendar devices, sensory devices, designing devices, measuring devices, switching devices, regulating devices, safety devices or medical devices, mobile devices namely communication devices, networking devices, video devices, gaming devices, entertainment devices, internet devices, telephone devices, computing devices, communications devices, lifting devices, telecommunication devices or temporary storage devices, accessories for hardware and wireless devices namely for telephones, microtelephones, communication and wireless communication devices or battery chargers and adaptors, sim cards, third-party telephone calling cards, third-party scratch cards, data cards, memory cards
Dissemination of advertising for others via an on-line electronic communications network
Providing online marketplaces for buyers and sellers of goods and services
Providing an on-line searchable ordering guide for locating, organizing and presenting goods and services of others
Promotional services for the sale of goods
Membership services for discounts and special offers
Provision of incentive schemes
Provision of comparison sites and price comparison websites and information
Database management services
Automated and computerised trading services being an online e-commerce service to facilitate the purchase of products in relation to telecommunications equipment, multimedia equipment, computer hardware, computer software, computer firmware, audiovisual equipment, electronic notebooks, mp3 players, microphones, mobile phones, pagers, smartphones, WAP phones tablets, e-readers, digital memory storage devices, memory cards, hard drives, monitors, laptops, processors, batteries, power cells, smart home products namely computer hardware and software designed for smart home control including security cameras, locks, lighting, thermostats, vacuums, televisions, cameras, camcorders, wifi devices, hubs, network devices, home theatre systems, sound systems, speakers, headphones, electronic garden equipment, gaming products, gaming consoles, games, cameras, photographic equipment, GPS/tracking devices, personal computers, printers, monitors, projectors, electronic kitchen products, smart lighting, security cameras, security systems, security locks, vacuums, cleaning robots, robotic cleaners for household purposes, robotic vacuum cleaners, teaching robots, toy robots, smart toy robots, robotic printing machines, robotic labelling machines, robotic finishing machines, thermostats, baby monitors, electronic kitchen products, electronic safety products, electronic emergency products, TVs, cameras, camcorders, wifi devices, hubs, network devices, sound systems, speakers, headphones, electronic garden equipment, gaming products, gaming consoles, games, cameras, photographic equipment and accessories, GPS/tracking devices, toys, drones, smartwatches, smartglasses, health monitors, fitness trackers, activity trackers, watches, printers and printer accessories, projectors, computers, networking services, monitors, 3D printers, power cables, battery chargers, garden accessories, visual/optical equipment, binoculars, telescopes, microspores, range finders, whiteboards, interactive television apparatus, sim cards, third-party telephone calling cards, thirdparty scratch cards, data cards, memory cards, data processing equipment, fitness equipment
Operating on-line advertising marketplaces for sellers and buyers of goods and services
Providing classified advertising services
Computerised retail sales services in relation to telecommunications equipment, multimedia equipment, computer hardware, computer software, computer firmware and accessories, audiovisual equipment, electronic notebooks, mp3 players, microphones, mobile phones, pagers, mobile devices, smartphones, WAP phones tablets, e-readers
Computerised retail sales services in relation to digital memory storage devices, memory cards, hard drives, monitors, laptops, processors, batteries, power cells, smart home products namely computer hardware and software designed for smart home control including security cameras, locks, lighting, thermostats, vacuums, televisions, cameras, camcorders, wifi devices, hubs, network devices, electronic bathroom products, home theatre, sound systems, speakers, headphones, electronic garden equipment, gaming products, gaming consoles, games, cameras, photographic equipment and accessories, GPS/tracking devices, personal computers, printers, monitors, projectors, electronic kitchen products and other electrical household goods, smart lighting
Computerised retail sales services in relation to electronic garden equipment, gaming products, gaming consoles, games, cameras, photographic equipment and accessories, GPS/tracking devices, toys, drones, smartwatches, smartglasses, health monitors, fitness trackers, activity trackers, watches, in-car electronics, printers and printer accessories, projectors, computers, networking services, monitors, 3D printers
Computerised retail sales services in relation to power cables, battery chargers, garden accessories, visual/optical equipment and accessories, binoculars, telescopes, microspores, range finders, whiteboards, interactive television apparatus, sim cards, third-party telephone calling cards, third-party scratch cards, data cards, memory cards, data processing equipment, fitness equipment, entertainment equipment
Advertising and promotion services to facilitate the sales of goods and services via the global electronic communications network in relation to telecommunications equipment, multimedia equipment, computer hardware, computer software, computer firmware and accessories, audio-visual equipment, electronic notebooks, mp3 players, microphones, mobile phones, pagers, mobile devices, smartphones, WAP phones tablets, e readers
Advertising and promotion services to facilitate the sales of goods and services via the global electronic communications network in relation to digital memory storage devices, memory cards, hard drives, monitors, laptops, processors, batteries, power cells, smart home products namely computer hardware and software designed for smart home control including security cameras, locks, lighting, thermostats, vacuums, televisions, cameras, camcorders, wifi devices, hubs, network devices, electronic bathroom products, home theatre, sound systems, speakers, headphones, electronic garden equipment, gaming products, gaming consoles, games, cameras, photographic equipment and accessories, GPS/tracking devices, personal computers, printers, monitors, projectors, electronic kitchen products and other electrical household goods, smart lighting
Advertising and promotion services to facilitate the sales of goods and services via the global electronic communications network in relation to security products, vacuums, cleaning robots, robots and robotic equipment, thermostats, baby monitors, electronic kitchen products, electronic safety products, electronic emergency products, TVs, cameras, camcorders, wifi devices, hubs, network devices, electronic bathroom products, home theatre, sound systems, speakers, headphones
Advertising and promotion services to facilitate the sales of goods and services via the global electronic communications network in relation to electronic garden equipment, gaming products, gaming consoles, games, cameras, photographic equipment and accessories, GPS/tracking devices, toys, drones, smartwatches, smartglasses, health monitors, fitness trackers, activity trackers, watches, in-car electronics, printers and printer accessories, projectors, computers, networking services, monitors, 3D printers
Services to facilitate the sales of goods and services via the global electronic communications network in relation to power cables, battery chargers, garden accessories, visual/optical equipment and accessories, binoculars, telescopes, microspores, range finders
Advertising and promotion services to facilitate the sales of goods and services via the global electronic communications network in relation to whiteboards, interactive television apparatus, sim cards, third-party telephone calling cards, third-party scratch cards, data cards, memory cards, data processing equipment, fitness equipment, entertainment equipment
Providing opportunities for exchange of information and conversation regarding a wide variety of topics by means of product reviews in relation to telecommunications equipment, multimedia equipment, computer hardware, computer software, computer firmware and accessories, audiovisual equipment, electronic notebooks, mp3 players, microphones, mobile phones, pagers, mobile devices, smartphones, WAP phones tablets, e-readers
Providing opportunities for exchange of information and conversation regarding a wide variety of topics by means of product reviews in relation to digital memory storage devices, memory cards, hard drives, monitors, laptops, processors, batteries, power cells, smart home products namely computer hardware and software designed for smart home control including security cameras, locks, lighting, thermostats, vacuums, televisions, cameras, camcorders, wifi devices, hubs, network devices, electronic bathroom products, home theatre, sound systems, speakers, headphones, electronic garden equipment, gaming products, gaming consoles, games, cameras, photographic equipment and accessories, GPS/tracking devices, personal computers, printers, monitors, projectors, electronic kitchen products and other electrical household goods, smart lighting
Providing opportunities for exchange of information and conversation regarding a wide variety of topics by means of product reviews in relation to security products, vacuums, cleaning robots, robots and robotic equipment, thermostats, baby monitors, electronic kitchen products, electronic safety products, electronic emergency products, TVs, cameras, camcorders, wifi devices, hubs, network devices, electronic bathroom products, home theatre, sound systems, speakers, headphones
Providing opportunities for exchange of information and conversation regarding a wide variety of topics by means of product reviews in relation to electronic garden equipment, gaming products, gaming consoles, games, cameras, photographic equipment and accessories, GPS/tracking devices, toys, drones, smartglasses, health monitors, fitness trackers, activity trackers, watches, in-car electronics, printers and printer accessories, projectors, computers, networking services, monitors, 3D printers
Providing opportunities for exchange of information and conversation regarding a wide variety of topics by means of product reviews in relation to power cables, battery chargers, garden accessories, visual/optical equipment and accessories, binoculars, telescopes, microspores, range finders
Providing opportunities for exchange of information and conversation regarding a wide variety of topics by means of product reviews in relation to whiteboards, interactive television apparatus, sim cards, third-party telephone calling cards, third-party scratch cards, data cards, memory cards, data processing equipment, fitness equipment, entertainment equipment
Searching and retrieving information, sites, and resources located on the global computer network
Directory services
Auction services
Auctioneering
Business advisory services relating to franchising
Business consultancy services relating to franchising
Business merchandising display services relating to franchising
Public relations services relating to franchising
Advertising and marketing
Product promotional services
Business management
Business administration
Business information, business enquiries, business investigations, business research
Inventory management services
Compilation of information into databases, systemisation of information into computer databases, marketing research, statistical information, news and business information, company statistics, advisory services and consultancy services
Treating data via global computer network by means of hosted computer software, telephones, mobile phones and WAP phones and interactive television
Provision of business and commercial information
Data processing services
Office functions and business services, namely handling information, treating information in relation to telecommunications equipment, multimedia equipment, computer hardware, computer software, computer firmware and accessories, audio-visual equipment, electronic notebooks, mp3 players, microphones, mobile phones, pagers, mobile devices, smartphones, WAP phones tablets, e-readers
Office functions and business services, namely handling information, treating information in relation to digital memory storage devices, memory cards, hard drives, monitors, laptops, processors, batteries, power cells, smart home products namely computer hardware and software designed for smart home control including security cameras, locks, lighting, thermostats, vacuums, televisions, cameras, camcorders, wifi devices, hubs, network devices, electronic bathroom products, home theatre, sound systems, speakers, headphones, electronic garden equipment, gaming products, gaming consoles, games, cameras, photographic equipment and accessories, GPS/tracking devices, personal computers, printers, monitors, projectors, electronic kitchen products and other electrical household goods, smart lighting
Office functions and business services, namely handling information and treating information in relation to security products, vacuums, cleaning robots, robots and robotic equipment, thermostats, baby monitors, electronic kitchen products, electronic safety products, electronic emergency products, TVs, cameras, camcorders, wifi devices, hubs, network devices, electronic bathroom products, home theatre, sound systems, speakers, headphones
Office functions and business services, namely handling information, treating information in relation to electronic garden equipment, gaming products, gaming consoles, games, cameras, photographic equipment and accessories, GPS/tracking devices, toys, drones, smartwatches, smartglasses, health monitors, fitness trackers, activity trackers , watches, in-car electronics, printers and printer accessories, projectors, computers, networking services, monitors, 3D printers
Office functions and business services, namely handling information, treating information in relation to power cables, battery chargers, garden accessories, visual/optical equipment and accessories, binoculars, telescopes, microspores, range finders
Office functions and business services, namely handling information, treating information in relation to whiteboards, interactive television apparatus, sim cards, third-party telephone calling cards, third-party scratch cards, data cards, memory cards, data processing equipment, fitness equipment, entertainment equipment
Commercial inventory management services
Rental of vending machines
Office functions
Advisory, consultancy and information services relating to all the aforesaid.
The mark was filed in class 38 with Disseminating and transmitting data via global computer network by means of hosted computer software, telephones, mobile phones and WAP phones and interactive television and providing access to an on-line database containing biographical information concerning subscribers and opportunities for the sale of goods, review of goods and social interaction..
The mark was filed in class 39 with following description of goods:
Transport
Courier services
Transportation and delivery services by air, road, rail and sea
Distribution and transport logistics
Packaging of goods
Warehousing and storage of goods
Product distribution
Travel arrangement
Advisory, consultancy and information services relating to all the aforesaid.
The mark was filed in class 42 with following description of goods:
Computer services
Hosting of e-commerce platforms and websites
Provision of downloadable apps
Creation and maintenance of social media sites for the promotion and sale of goods
Design services
Hosting of websites
Constructing an internet platform for e-commerce
Provision of ecommerce software solutions
Maintenance of databases
Maintenance of databases relating to customer and supplied information
Software development
Website development and hosting
Hosting of an ecommerce website
Developments of apps for mobile devices
Hosting of digital content, namely blogs and product reviews
Computer programming
Database aggregation and integration services
Maintaining and hosting of databases for holding, treating, manipulating and statistics
Compilation of web pages on the Internet
Creating, designing and maintaining web sites for others
Hosting web sites of others
Development and design of on-line databases
Provision of on-line computer services
Computer systems analysis
Computer system design
Computer software design
Installation and maintenance of computer software
Updating and upgrading computer software
Leasing of computer apparatus
Leasing of computer equipment
Leasing of computer programs
Leasing of computer software
Leasing of computers
Security and monitoring services relating to all the aforesaid
Advisory and consultancy services relating to the structure and composition of computer systems
Computer systems design services, structure and composition of computer systems, website design services and structure and compositions of websites
Retrieval of data information
Computer rental
Consultancy in the field of computer hardware
Design, updating and maintenance of computer software
Packaging design services
Graphic arts and industrial design
Research and development (for others)
Quality control
Material testing, advisory, consultancy and information services relating to all the aforesaid.