The trademark WITCHERY was filed by NOVOMATIC AG, a corporation established under the laws of the Republic of Austria (the "Applicant"). The application was published for oppositions on December 17, 2015, and received one opposition filed on March 13, 2016 by CD PROJEKT Brands S.A. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by JWP RZECZNICY PATENTOWI DOROTA RZĄŻEWSKA SP. K. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 13, 2016
The application was filed in German, and German 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 Hardware and software, exclusively for casino and amusement arcade games, for gaming machines, slot machines, video lottery gaming machines, with or without prize payouts and/or for gaming via telecommunications networks and/or the Internet, with or without prize payouts, for gaming with or without prize payouts via the Internet or via telecommunications networks, or for gaming with or without prize payouts for use in telecommunications apparatus and all above mentioned goods only in relation with games of chance..
The mark was filed in class 28 with following description of goods:
Casino games with or without prize payouts, automated gaming machines and amusement machines, in particular for commercial use, in casinos and amusement arcades, or games of chance with prize payouts via the Internet and via telecommunications networks, games of chance with prize payouts for use on networked gaming equipment
Slot machines and/or electronic money-based gaming apparatus with or without prizes
Housings for slot machines and gaming machines
Electronic or electrotechnical gaming apparatus, gaming machines and automatic gaming machines, slot machines operated by coins, tokens, banknotes, tickets or by means of electronic, magnetic or biometric storage media, in particular for commercial use in casinos and amusement arcades, with or without a prize payout
Housings for slot machines, gambling machines, automatic gaming machines and amusement machines, operated by means of coins, tokens, tickets or by means of electronic, magnetic or biometric storage media
Electric, electronic or electromechanical apparatus for bingo games, lotteries or video lottery games and for betting offices, networked or unnetworked
Electropneumatic and electric pulling machines (gaming machines).
The mark was filed in class 41 with Operating casinos and gaming casinos, betting offices, bingo halls and/or lottery offices and Operating gaming establishments and arcades for games of chance and/or online Internet casinos and betting platforms..