The trademark LOMO was filed by Lomotif Private Limited, a corporation established under the laws of the Republic of Singapore (the "Applicant"). The application was published for oppositions on December 12, 2021, and received one opposition filed on March 7, 2022 by Lomographische GmbH on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Torggler & Hofmann Patentanwälte GmbH & Co KG and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 7, 2022
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
The Opposition with reference B 003165454 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on November 19, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 38 with following description of goods:
Transmission of electronic media, multimedia content, videos, movies, pictures, images, text, photos, user-generated content, audio content, and information via the internet and other communications networks
Streaming of audio and video material on the internet
Broadcasting services
Providing access to digital music websites on the internet
Providing access to online directories, databases, websites, blogs and reference materials
Podcasting services
Transmission and delivery of audiovisual and multimedia content via the internet
Video-on-demand transmission services.
The mark was filed in class 42 with following description of goods:
Providing online non-downloadable software for advertising and marketing services, namely, online advertising and digital content creation, distribution, and optimization
Providing online non-downloadable software for tracking advertising performance, managing advertising campaigns, analyzing advertising data, and creation of advertising analysis reports
Providing temporary use of non-downloadable computer software for streaming, broadcasting, transmitting, distributing, reproducing, organizing and sharing music, audio, video, games and other data
Providing temporary use of non-downloadable computer software for use in authoring, downloading, transmitting, receiving, editing, extracting, encoding, decoding, playing, viewing, storing and organizing text, data, images, and audio and video files
Computer services, namely, creating an on-line community for registered users to participate in discussions, get feedback from their peers, form virtual communities, and engage in social networking services in the fields of books, tv shows, films, music, entertainment, video games, fiction, and non-fiction.
The mark was filed in class 45 with Online social networking services.