The trademark PHH GROUP was filed by UAB "Pigu", a corporation established under the laws of the Republic of Lithuania (the "Applicant"). The application was published for oppositions on March 2, 2023, and received one opposition filed on June 4, 2023 by PHH Rechtsanwält:innen GmbH on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by PHH Rechtsanwält:innen GmbH and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 4, 2023
The application was filed in Lithuanian, and Lithuanian was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Downloadable software for controlling online shopping options, possibilities and purchasing
Downloadable software for business promotion and connecting social media users and businesses
Computer software for accessing, browsing and searching online databases
Application programming interface (API) for computer software for image rendering, The aforesaid goods for computer software to control online shopping, options and purchasing
Computer software, namely Software to enable users to interact directly and interactively with the information shared by other users, and software to allow users to buy on various e-commerce sites
Computer software and applications, The aforesaid goods allow users of the electronic communications networks to tag, view and share data, information and media content
Software for social networks to create a virtual community and transmit audio, video, photo images, texts, graphics and data.
The mark was filed in class 35 with following description of goods:
Retail and wholesale services in relation to: Foodstuffs, Non-alcoholic and alcoholic beverages, Cosmetics, Perfumery, city bags, Knapsacks, Bands of leather, Umbrellas and parasols, knapsacks, suitcases, Jewellery, Maintenance and laundry preparations, Cleaning preparations, laundry products, Cleaning, Laundry devices, glasses, Sunglasses, clothing apparel, Shoes, Socks, Tights, furnishings, including the following goods: Headgear, Pashminas, Scarves, shawls, Glove scarves
Retail and wholesale services in relation to: Exchanges, Shoulder bags, Bands of leather, ties, cravats, hair accessories, Neck, ear and feet accessories, Clothing accessories, Watches and clocks, Domestic furniture, Articles for artistic creations, Interior design objects, Machines for household use, domestic machines, Electric and electronic equipment, Computer, Telephones, Computer hardware, Intercom accessories, Audio and video apparatus and equipment, Audio and video recording discs
Retail and wholesale services in relation to: Paper, stationery products, Printed matter, Gardening tools, Sporting goods, Construction implements, Construction goods, Kitchen jars, hand operated kitchen implements, Machine tools for kitchens, Housewares, Pharmaceutical preparations, Preparations for veterinary use, Dietary preparations, Personal grooming products, Combs, Brushes, Tobacco and cigarettes, pet feeding, Articles for animals
Retail and wholesale services in relation to: Playthings, Games, Terminal fishing tackle, Parts for automobiles, automotive accessories, Cycles, Bicyles parts, Bicycle requisites, images, Picture frames, bedding products, Absorbent padding, Mats, Bedspreads, Table linen, Curtains, Cloths, textile products, Yarn, dressmaker's articles, Knitting articles, Food for babies and children, children's and infant's apparel, Shoes for children and babies, diapers, napkin-pants (babies' -), Pushchairs for infants and babies, Child and baby seats
Retail and wholesale services in relation to: Erotic goods for adults, Nutritional supplements, bodybuilding apparatus, Tourism products, plumbing products, including via the following services: retail and wholesale services over the internet
Administrative processing of purchase orders
Provision of an online marketplace for buyers and sellers of goods and services
Administration of consumer loyalty programs
Commercial information and advice for consumers in the choice of products and services
Presentation of goods on communication media, for retail purposes
Advertising
Dissemination of advertising matter
Rental of advertising space
Search engine optimization for sales promotion
Professional business consultancy
Business management and organization consultancy
Negotiation of business contracts for others
Provision of commercial and business contact information
Promoting the goods and services of others
Business data analysis services
Sales promotion for goods and services, for others, Using an online platform containing links to the goods and services of others
Provision of online searchable databases featuring data on a wide range of third-party products, namely for Computer databases administration and compilation
Provision of an online advertising guide hosting the products from online sellers and featuring a search option
Administering the exchange and sale of goods and services from third parties via computers and communication networks.
The mark was filed in class 42 with following description of goods:
Providing temporary use of non-downloadable software for controlling online shopping options and purchasing
Providing temporary use of non-downloadable software for business promotion and connecting social media users and businesses
Providing temporary use of non-downloadable software for accessing, browsing and searching online databases
Providing temporary use of non-downloadable software to enable users to interact directly and interactively with the information shared by other users, and to buy on various e-commerce sites
Providing temporary use of non-downloadable software and applications for social media networking interaction, creating a virtual community and transmission of audio, video, photo images, texts, graphics and data
Providing computer search engines to enable users to perform electronic business transactions on global computer and communication networks
Providing computer search engines to collect data in communications networks
Creation of software for social networking, The aforesaid goods for communication and data sharing between the registered users of virtual online communities
Platform as a service [PaaS] featuring computer software platforms for the creation and administration of databases to allow viewing of the available inventory and consumer interactions with goods in retail, advertising and commerce.