The trademark WEMBLEY was filed by Wembley National Stadium 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 February 7, 2018, and received one opposition filed on May 7, 2018 by Wemco, Inc. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by HIDDLESTON TRADE MARKS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 7, 2018
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
Change of name and professional address of the trademark registration was recorded on May 23, 2019. Appointment and Replacement of representative of the trademark registration was recorded on June 30, 2019. Appointment and Replacement of representative of the trademark registration was recorded on December 15, 2020.
The Appeal with reference B R1415/2017-2 was Application allowed according to Article 7(1)(b) EUTMR with decision issued on January 15, 2018 by the EUIPO. The Refusal with reference B 015909336 was partially rejected according to Article 7(1)(b) EUTMR with decision issued on April 27, 2017 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments
Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity
Apparatus for recording, transmission or reproduction of sound or images
Magnetic data carriers, recording discs
Mechanisms for coin operated apparatus
Cash registers
Calculating machines, data processing equipment and computers
Fire-extinguishing apparatus
Computer hardware and firmware
Computer software (including software downloadable from the Internet)
Compact discs
Digital music (downloadable from the Internet)
Telecommunications apparatus
Computer games equipment adapted for use with an external display screen or monitor
Mouse mats
Mobile phone accessories
Contact lenses, spectacles and sunglasses
Clothing for protection against accident, irradiation or fire
PDAs (Personal Digital Assistants), pocket PC's, laptop computers
Tapes
Cassettes
Compact discs
DVDs
MP3s
Cameras
Disposable cameras
Bags for camera equipment
Films
Photographic transparencies and photographic films prepared for exhibition purposes
Slides
Lenticulars
Video recorders
Video cassettes
Games adapted for use with television receivers
Computers and computer hardware
Computer mice
Memory cards and sticks
Computer games
Screensavers
Publications in electronic format
Data processing apparatus
Electric and electronic scoreboards
Video discs
Time recording apparatus and instruments
Parts and fittings for all the aforesaid goods
Encoded and encrypted credit cards, debit cards, charge cards, smart cards and telephone cards
Telephone apparatus and instruments
Mobile telephones
Telephone answering apparatus
Telephone recorders
Telephones incorporating facsimile machines
Magnets
Visual display units
Protective helmets and sports bags adapted [shaped] to contain protective helmets but none used in relation to riding or equestrian activities
Parts and fittings for all the aforesaid goods.
The mark was filed in class 16 with following description of goods:
Paper, cardboard
Printed matter
Book binding material
Photographs
Stationery
Adhesives for stationery or household purposes
Artists' materials
Paint brushes
Typewriters and office requisites (except furniture)
Instructional and teaching material (except apparatus)
Plastic materials for packaging (not included in other classes)
Printers' type
Printing blocks
Notepaper
Writing paper
Envelopes
Transfers
Decalcomanias
Labels
Trading cards
Post cards
Notepads
Stickers
Posters
Pictures
Prints
Albums
Periodical publications
Newspapers
Annuals
Poster magazines
Programmes
Programme binders
Book markers
Packs of photographs
Photograph albums
Philatelic stamps
Stationery
Rulers
Pencil sharpeners
Blackboards
Height charts
Coaching aids in the nature of magnetic and dry-wipeable surfaces with magnetic pieces
Flags of paper, pennants of paper
Calendars
Desk top calendars
Milk cartons of cardboard
Beer mats
Paper, cardboard and paper mache figurines
Pencil cases
Writing and drawing instruments
Files
Folders and folios
Personal organisers
Address books
Diaries
Jotters
Autograph books
Greeting cards
Wrapping and packaging materials
Carrier bags
Bags of paper and/or plastic material
Paper weights
Appliques of paper
Laminated cards
Tissues and towels made of paper
Lithoserigraphs
Rosettes of paper
Paper napkins and tablecloths
Non-encoded credit, debit and charge cards
Gift bags and gift wrap
Writing instruments of precious metals
Gift vouchers
Stamps
Table mats made of paper
Holders for checkbooks.
The mark was filed in class 18 with following description of goods:
Leather and imitations of leather
Animal skins, hides
Trunks and travelling bags
Umbrellas, parasols and walking sticks
Handbags, rucksacks, purses
Clothing for animals
Bags
Sports bags
Travel bags
Backpacks
Duffel bags
Boot bags
Holdalls
Wallets
Purses
Credit card holders
Belts for luggage
Shoulder belts
Luggage tags
None of the foregoing being for use in riding or equestrian activities
Souvenir bags of paper or plastic.
The mark was filed in class 25 with following description of goods:
Gloves, ties (for wear), scarves, bibs, romper suits
Baby sleep suits
Knitted articles of clothing and articles of clothing made from knitted materials, anoraks, jackets, rainwear
Dressing gowns
Pyjamas
Articles of underclothing
Boxer shorts
Baby boots
Belts for wear
Braces
Wrist bands
Swimwear
Football clothing, footwear and headgear
Replica football kits made of paper or cardboard
None of the foregoing being for use in riding or equestrian activities.
The mark was filed in class 28 with following description of goods:
Games and playthings
Gymnastic and sporting articles not included in other classes
Decorations for Christmas trees
Hand-held computer games equipment which is self contained (not adapted for an external display screen or monitor)
Toys, board games
Jigsaws
Amusement apparatus
Kites
Shin guards
Gloves (games)
Tapes for wrapping raquet handle grips
Bags adapted for carrying sporting apparatus
Novelties
Party novelty hats
Miniature replica football kits made of plastic
Action figure toys
Toy vehicles
Teddy bears
Dolls
Footballs
Balls
Goal posts
Sponge hands in the nature of novelties
Outdoor rebound walls in the nature of playthings and sporting articles
Coin and/or counter-operated games
Playing cards
Rattles
Balloons, toy figurines, toy musical boxes
Wooden toys
Toy torches
Toy jewellery
Computer and electronic games consoles.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Organisation, operation and supervision of loyalty and incentive schemes
Advertising services provided via the Internet
Production of television and radio advertisements
Accountancy
Auctioneering
Trade fairs
Opinion polling
Data processing
Provision of business information
Arranging and organising of trade exhibitions
Advertising and promotional services
Trade seminars and arranging of trade exhibitions
Business advice, assistance and business management consultancy services
Marketing services
Public relations and publicity services
The bringing together, for the benefit of others, a variety of goods namely paints, varnishes, lacquers, preservatives against rust and against deterioration of wood, colorants, mordents, raw natural resins, metals in foil and powder form for painters, decorators, printers and artists, coatings, line-markings for fields, tracks, stadia, sports locations and roads, bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices, deodorants for personal use, perfumes, toiletries, creams, gels, lotions, foams, soaps, talcum powder, shampoos, conditioners, sprays, body paint, deodorants, antiperspirants, body and facial scrubs, breath freshners, preparations for the care, treatment and cleansing of the skin, hair and the body, non-medicated toilet preparations, preparations for the bath and shower, bath crystals, pre-shave and aftershave preparations, shaving preparations, cosmetic preparations, non-medicated baby care preparations, laundry detergent and fabric conditioners, vegetable dye skin transfers, boot cream and polish, car cleaning preparations, cushions filled with fragrant or perfumed substances, pot pourri, room fragrancing products, tissues impregnated with non-medicated preparations for personal use, pharmaceutical and veterinary preparations, sanitary preparations for medical purposes, dietetic substances adapted for medical use, food for babies, plasters, materials for dressings, material for stopping teeth, dental wax, disinfectants, preparations for destroying vermin, fungicides, herbicides, foods and beverages adapted for medical purposes, preparations for destroying vermin, fungicides, herbicides for the care of grass and lawns, insecticides, pesticides, nematicides for the care of lawns, analgesic and muscle strain preparations for human use, bandages and dressings, first aid kits and boxes, common metals and their alloys, metal building materials, transportable buildings of metal, non-electric cables and wires of common metal, ironmongery, small items of metal hardware, pipes and tubes of metal, safes, ores, unwrought and partly wrought common metals, badges of metal for vehicles, metal badges, keyrings and key chains, locks and ornaments, metallic bins, keys, key blanks, signs, statues, statuettes and figurines, bronzes, trophies made of metal, money boxes, boxes, clothes hangers and clothes hooks, all made wholly or principally of common metals, parts and fittings for all the aforesaid goods, hand tools and implements (hand operated), cutlery, razors, electric razors and hair cutters and accessories therefore, cutlery made of precious metal, razor blades, shaving cases, canteens of cutlery, cutlery for children, disposable cutlery, manicure and pedicure implements and sets, scissors, depilatory apparatus, eyebrow tweezers, scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments, apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity, apparatus for recording, transmission or reproduction of sound or images, magnetic data carriers, recording discs, automatic vending machines and mechanisms for coin operated apparatus, cash registers, calculating machines, data processing equipment and computers, fire-extinguishing apparatus, computer hardware and firmware, computer software (including software downloadable from the Internet), compact discs, digital music (downloadable from the Internet), telecommunications apparatus, computer games equipment adapted for use with an external display screen or monitor, mouse mats, mobile phone accessories, contact lenses, spectacles and sunglasses, clothing for protection against accident, irradiation or fire, PDAs (Personal Digital Assistants), pocket PC's, laptop computers, tapes, cassettes, compact discs, DVDs, MP3s, cameras, disposable cameras, bags for camera equipment, films, photographic transparencies and photographic films prepared for exhibition purposes, slides, lenticulars, video recorders, video cassettes, games adapted for use with television receivers, computers and computer hardware, computer mice, memory cards and sticks, computer games, computer and electronic games consoles, screensavers, publications in electronic format, data processing apparatus, electric and electronic scoreboards, video discs, time recording apparatus and instruments, parts and fittings for all the aforesaid goods, encoded and encrypted credit cards, debit cards, charge cards, smart cards and telephone cards, telephone apparatus and instruments, mobile telephones, telephone answering apparatus, telephone recorders, telephones incorporating facsimile machines, magnets, visual display units, protective helmets and sports bags for protective helmets, parts and fittings for all the aforesaid goods, apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes, air conditioning apparatus, electric kettles, gas and electric cookers, vehicle lights, lighting and installations, luminaries, lampshades and lampshade holders, light diffusers, electric Christmas tree lights, torches, parts and fittings all for the aforesaid, vehicles, apparatus for locomotion by land, air or water, coaches, motor vehicles, bicycles, firearms, ammunition and projectiles, explosives, fireworks, precious metals and their alloys, jewellery, precious stones, horological and chronometric instruments, clocks and watches, costume jewellery, trophies, parts and fittings for all the aforesaid goods, ornaments, figurines of precious metal, models of precious metal, badges of precious metal and brooches, tie clips, tie pins, pins, cuff links, medals and medallions, coins, timekeeping systems for sport, shoe ornaments of precious metal, key rings, identity tags and bracelets of precious metal, silver lockets, rings, earrings, pendants, jewellery charms, body jewellery, fobs incorporating key rings, musical instruments, stands and cases adapted for musical instruments, horns, clackers, musical boxes, paper, cardboard, printed matter, book binding material, photographs, stationery, adhesives for stationery or household purposes, artists' materials, paint brushes, typewriters and office requisites (except furniture), instructional and teaching material (except apparatus), plastic materials for packaging, printers' type, printing blocks, notepaper, writing paper, envelopes, transfers, decalcomanias, labels, trading cards, post cards, notepads, stickers, posters, pictures, prints, albums, periodical publications, newspapers, annuals, poster magazines, programmes, programme binders, book markers, packs of photographs, photograph albums, philatelic stamps, stationery, rulers, pencil sharpeners, blackboards, height charts, coaching aids in the nature of magnetic and dry-wipeable surfaces with magnetic pieces, flags of paper, pennants of paper, replica football kits made of paper or cardboard, calendars, desk top calendars, milk cartons of cardboard, beer mats, paper, cardboard and paper mache figurines, pencil cases, writing and drawing instruments, files, folders and folios, personal organisers, address books, diaries, jotters, autograph books, picture frames of cardboard, greeting cards, wrapping and packaging materials, souvenir bags of paper or plastic, carrier bags, bags of paper and/or plastic material, paper weights, appliques of paper, laminated cards, tissues and towels made of paper, lithoserigraphs, rosettes of paper, paper napkins and tablecloths, non-encoded credit, debit and charge cards, gift bags and gift wrap, pin cases, writing instruments of precious metals, gift vouchers, stamps, table mats made of paper, holders for checkbooks, leather and imitations of leather, animal skins, hides, trunks and travelling bags, umbrellas, parasols and walking sticks, whips, harness and saddlery, handbags, rucksacks, purses, clothing for animals, bags and containers, travel bags, backpacks, duffel bags, boot bags, holdalls, wallets, purses, credit card holders, belts for luggage, shoulder belts, luggage tags, furniture, mirrors, picture frames, metallic and non-metallic furniture including garden furniture, pillows and cushions, tags, not of metal or paper, tags for use on soccer bags, made wholly or principally of plastic, identity tags, identity tags for use on soccer bags made wholly or principally of plastic, identification bracelets (not of metal) for hospital purposes, plastic clips, plastic closures for containers, cake decorations made of plastic, non-metallic bins, plastic figurines, plastic key rings, locks, not of metal, decorative plaques, not of metal, headboards being furniture, figurines, statuettes, of wood, wax, plaster and plastic, sleeping bags, bean bags, household or kitchen utensils and containers, combs and sponges, brushes (except paint brushes), brush-making materials, articles for cleaning purposes, steel wool, un-worked or semiworked glass (except glass used in building), glassware, porcelain and earthenware, electric and non-electric toothbrushes, domestic utensils and containers, wooden kitchen articles, lunch boxes, flasks, tankards, pewterware, namely trophies, plates, shields, figurines and tankards, mugs, pint glasses, lager glasses, wine glasses, champagne flutes, tumblers, whisky tumblers, chinaware, porcelain and earthenware, plastic cups, soap holders and dispensers, toothbrush holders, ceramic ornaments, plaques and hollowware, cleaning cloths, water bottles, perfume atomisers, perfume flasks and funnels, pill boxes, compacts (not of precious metals or coated therewith) containing mirrors, money boxes, figurines, statuettes of porcelain, terra-cotta or glass, tankards, tea plates, tea services, tea caddies, tea pots, goblets, egg cups, trays, vases and urns, salt and pepper pots, napkin holders and napkin rings, all made wholly or principally of precious metals and their alloys or coated therewith, silver perfume atomisers, silver perfume flasks and funnels, silver pill boxes, silver compacts containing mirrors, ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags, padding and stuffing materials (except of rubber or plastics), raw fibrous textile materials, bags and sacks for transporting bulk materials, textiles, bed and table covers, textiles for making articles of clothing, textile plaques, textile mats bath linen, towels, mats and flannels, beach towels, bedding, bed sheets, pillow cases, blankets, valances, duvet covers, curtains of textile or plastic, sleeping bag sheet liners, bean bag covers, fabric for use in the manufacture of bags, fabrics for use in the manufacture of lining of bags, quilt bags, handkerchiefs, tea towels, textile wall hangings, bar towels, flags (not of paper), pennants, banners, napkins and tablecloths, table place mats of textile or plastics material, table mats, clothing, footwear, headgear, articles of outerclothing, articles of sports clothing, track suits, shirts, sweatshirts/sweaters, T-shirts, shorts, tops, skirts, trousers, dungarees, socks, gloves, ties (for wear), scarves, bibs, romper suits, baby sleep suits, knitted articles of clothing and articles of clothing made from knitted materials, anoraks, jackets, rainwear, dressing gowns, pyjamas, articles of underclothing, boxer shorts, baby boots, belts for wear, braces, wrist bands, swimwear, football clothing, footwear and headgear, lace and embroidery, ribbons and braid, buttons, hooks and eyes, pins and needles, artificial flowers, zips, badges for wear (other than precious metal badges), emblems, buckles, tie pins, brooches (none of precious metals or coated therewith), ornamental pins for personal wear, shoe ornaments, appliqués of textile, rosettes of textile, hair ribbons, elasticated hair ribbons, decorative ribbons, prize ribbons, belt buckles of precious metal, carpets, rugs, mats and matting, linoleum and other materials for covering existing floors, wall hangings (non-textile), wallpaper, floor coverings, wall hangings of football related merchandise, not of textile, borders being wall decorations in the nature of wall coverings, artificial grass, games and playthings, gymnastic and sporting articles, decorations for Christmas trees, hand-held computer games equipment which is self contained (not adapted for an external display screen or monitor), toys, board games, jigsaws, amusement apparatus, kites, shin guards, gloves (games), tapes for wrapping raquet handle grips, bags adapted for carrying sporting apparatus, novelties, party novelty hats, miniature replica football kits, replica football kits made of plastic, action figure toys, toy vehicles, teddy bears, dolls, footballs, balls, goal posts, sponge hands in the nature of novelties, outdoor rebound walls in the nature of playthings and sporting articles, coin and/or counter-operated games, playing cards, rattles, balloons, toy figurines, toy musical boxes, wooden toys, toy torches, toy jewellery, meat, fish, poultry and game, meat extracts, preserved, dried and cooked fruits and vegetables jellies, jams, eggs, milk and milk products, edible oils and fats, marmalade, meals prepared from fish and poultry, snack foods, coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee, flour and preparations made from cereals, bread, pastry and confectionery, ices, honey, treacle, yeast, baking-powder, salt, mustard, vinegar, sauces (condiments), spices, ice, sandwiches, biscuits, chocolate and chocolate products, frozen confectionery, chocolate spread, cakes, cake decorations made of candy, biscuits, sorbets, frozen yoghurt, pizza, snack foods, prepared meals and constituents therefor, fruit sauces, agricultural, horticultural and forestry products and grains, live animals, fresh fruits and vegetables, seeds, natural plants and flowers, foodstuffs for animals, malt, all food and beverages for animals, grass seed, grass and turf, flower and plant seeds, fresh plants and flowers, rose bushes, beers, mineral and aerated waters and other non-alcoholic drinks, fruit drinks and fruit juices, syrups and other preparations for making beverages, shandy, de-alcoholised drinks, non-alcoholic beers and wines, cola drinks, lemonade, lagers, isotonic and sports drinks, soft drinks, alcoholic beverages (except beers), wines, spirits and liqueurs, whiskey, cider, champagne, perry, alcopops, tobacco, smokers' articles, matches, cigarette, cigar and pipe lighters, cigarette, cigar and pipe cases, enabling customers to conveniently view and purchase those goods from a general merchandise Internet website or store or via a television shopping channel or from a general merchandise catalogue by mail order or by means of telecommunications.
The mark was filed in class 39 with following description of goods:
Transport
Packaging and storage of goods
Travel arrangement
Distribution of electricity
Travel information
Arrangement and booking of holiday travel and tours
Chartering of vehicles for locomotion by land, sea and air