018181220

GameStar

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January 15, 2020

Trademark Summary

The trademark GameStar was filed by Webedia Gaming GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on July 5, 2020, and received one opposition filed on October 1, 2020 by INTERNATIONAL DATA GROUP, INC. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by DANUBIA SZABADALMI ÉS JOGI IRODA KFT. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 1, 2020

The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).

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Goods And Services

• The mark was filed in class 9 with following description of goods:
  
  1. Computers
  2. Downloadable publications
  3. Electronic publications, downloadable
  4. Electronic publications recorded on computer media.
• The mark was filed in class 16 with following description of goods:
  
  1. Printed publications in general
  2. Printed matter
  3. Bookbinding material
  4. Printed publications
  5. Publications
  6. Books
  7. Manuals [handbooks]
  8. Catalogues
  9. Periodicals
  10. Magazines [periodicals]
  11. Pamphlets
  12. Comics
  13. Educational and instructional material
  14. Leaflets
  15. Photographs [printed]
  16. Printed reports
  17. Printed information sheets
  18. Printed news releases
  19. Printed matter for advertising or promotional purposes
  20. Home shopping catalogs
  21. Journals
  22. Informational sheets
  23. Periodicals
  24. Prospectuses
  25. Promotional publications
  26. Paper, Cardboard, Millboard, Paper articles, included in class 16, namely paper bags, Tickets, Control tokens, Printed forms
  27. Towels made of paper
  28. Posters, flags and pennants of paper or cardboard
  29. Bags and envelopes, of paper or plastic, for packaging
  30. Stationery, In particular pens, Blocks, Paper sheets, Bindings, Geographical view maps, Greeting cards, Writing paper, Calendars, Stickers
  31. Stickers [stationery], Transfers [decalcomanias], Transparencies.
• The mark was filed in class 35 with following description of goods:
  
  1. Business management
  2. Business administration
  3. Office functions
  4. Advertising
  5. Online advertising in data networks
  6. Radio advertising
  7. Advertising by mail order
  8. Outdoor advertising
  9. Print advertising
  10. Internet advertising
  11. Dissemination of advertising matter
  12. Direct mail advertising
  13. Advertising via mobile radio networks
  14. Advertising on mobile phone television
  15. Advertisement for others on the Internet
  16. Advertising agency services
  17. Demonstration of goods
  18. Planning and design of advertising activities
  19. Presentation of companies on the Internet and other media for promotional purposes
  20. Distribution of advertising, marketing and promotional material
  21. Distribution of samples
  22. Sales promotion (for others), public relations
  23. Market research on digital networks (webvertising)
  24. Telemarketing services
  25. Market analysis and research
  26. PR agency services, including public relations
  27. Writing of publicity texts
  28. Updating of advertising material
  29. Publication of publicity texts
  30. News clipping services
  31. Marketing
  32. Marketing studies
  33. Advertising, marketing and promotional consultancy, advisory and assistance services
  34. Provision of advertising space, time and media
  35. Search engine optimisation
  36. Business analysis, research and information services
  37. Business consultancy and advisory services
  38. Market research and market studies and analysis
  39. Rental of advertising space
  40. Auctioneering, including on the Internet
  41. Arranging contracts, for others, for the buying and selling of goods and the providing of services
  42. Arranging of commercial transactions, for others, includng within the framework of e-commerce
  43. Receiving and administrative processing of purchase orders
  44. Presentation of goods and services
  45. Business and organization consultancy
  46. Collating, maintenance and systematic ordering of data in computer databases
  47. Arranging advertising contracts for others
  48. Employment agency services
  49. Development of advertising concepts
  50. Advertising research
  51. Advertising management
  52. Distribution of products for advertising purposes
  53. Economic information
  54. Sales promotion, for others, in particular marketing and promotion of goods and services of all kinds, including via online portals
  55. Arranging of subscription agreements, for others, for the broadcasting and dissemination of television programmes, in particular in the form of pay-TV and video-on-demand
  56. Arranging of commercial and business contacts
  57. Price calculation for goods and services
  58. Conducting of competitions and prize games for advertising purposes
  59. Production of lottery, television, radio and Internet commercials
  60. Public relations services
  61. Consumer consultancy
  62. Rental of advertising films
  63. Publication of publicity texts
  64. Data search in computer files for others
  65. Presentation of companies on the Internet and other media
  66. Sponsoring in the form of advertising
  67. Arranging of subscriptions to newspapers and periodicals (for others)
  68. Publication of printed matter (including in electronic form), for advertising purposes
  69. Arranging and conducting of advertising events
  70. Merchandising (sales promotion)
  71. Arranging, conducting and monitoring of sales and promotional incentive schemes for marketing purposes, included in class 35
  72. Telephone and/or computerised order placement for teleshopping, for others
  73. Business management consultancy
  74. Professional business and organisational consultancy
  75. Personnel management consultancy
  76. Organisational project management in the field of electronic data processing
  77. Representation of business interests of third parties towards political decision makers and other persons
  78. Organization of exhibitions for commercial or advertising purposes
  79. Procurement services for others [purchasing goods and services for other businesses]
  80. Advertising in all media, including radio, television, cinema, print, videotext, on-line and teletext advertising
  81. Direct mail advertising
  82. Good and service presentations
  83. Market research
  84. Marketing for third parties in digital networks
  85. Organization and operating of promotions events
  86. Computerized file management
  87. Electronic data processing, for others, namely systemisation of data in computer databases and computerised file management
  88. Compilation of statistics
  89. Organisation of exhibitions, trade shows, and expositions for commercial, business or advertising purposes
  90. Management of the internet community of social media
  91. Subscriptions (arranging of) to books, reviews, newspapers or comic books
  92. Arranging subscriptions to information media
  93. Retailing in relation to software for use in connection with electronic publications, portable electronic devices for transmitting, storing, processing, recording and viewing text, images, audio and video data
  94. Retailing in relation to computers, electronic book readers and audio and video players
  95. Online or catalogue mail order in the fields of electric goods and electronic goods, namely computers, notebook computers, tablet computers, computer hard disks, sound recording and data carriers, digital cameras, digital audio players, wireless communications devices, wireless computer peripheral devices, DVD players, electric connector sockets, electric recording apparatus, electronic apparatus for telephone calls, faxes, emails and other digital data, electronic organisers
  96. Online or catalogue mail order services in relation to electric goods and electronic goods, Namely electronic publications, Electronic publications (downloadable), Receivers [audio, image, data], external data storage devices, television receivers, hard disk drive storage devices, hard discs, GPS devices, USB hardware, earphone speakers, interactive television terminal sets, Interfaces for computers, Internet servers, Cameras
  97. Online or catalogue mail order in the fields of electric goods and electronic goods, namely battery chargers, LAN hardware, readers (data processing), readers for electronic books and other electronic publications, local area networks (LANs and WLANs), mouse pads, mouse (computer peripheral), microphones, microprocessors, modems, monitors (computer hardware). MP3 players, downloadable music files, personal digital assistants (PDAs)
  98. Online or catalogue mail order services in relation to electric goods and electronic goods, Namely storage devices for data processing units, Memory cards and memory card readers, Control apparatus for network management, keyboards, handheld computers, Telephones, Sound reproduction apparatus
  99. Online or catalogue mail order services in relation to electric goods and electronic goods, Namely portable players, portable digital electronic devices for data processing, Information processing, For storing and displaying data, transmitting and receiving data, transmission of data between computers, Apparatus for global positioning systems (GPS), Portable multimedia players, portable telecommunications devices, universal serial bus (USB) drives
  100. Online or catalogue mail order in the fields of electric goods and electronic goods, namely devices for displaying materials published in electronic form, namely books, journals, newspapers, magazines (periodicals), multimedia presentations, video recorders, WLAN hardware
  101. E-commerce for apparatus for recording, transmission or reproduction of sound or images, magnetic data carriers, compact discs, DVDs and other digital recording media, data processing equipment, computers, computer software, in particular bags adapted for computers, screens, user manuals (handbooks) in electronically readable, machine-readable or computer-readable form, downloadable image files, compact discs (read-only memory, audio-video), computer hard disks
  102. Online or catalogue mail order services in relation to electric goods and electronic goods, Namely computer programs and software, namely operating system programs, data synchronisation programs and programs for application development tools for personal and hand held computers, recorded computer software for personal information management, database management software
  103. Online or catalogue mail order services in relation to electric goods and electronic goods, Including character recognition software, Electronic mail and messaging software, Software for radio paging, Software for mobile phones, Database synchronisation software, computer programs for accessing, browsing and searching online databases
  104. Online or catalogue mail order services in relation to electric goods and electronic goods, Namely computer hardware and computer software for the providing of integrated telephone communication via computerised global information networks, Computer housings, Computer peripherals, computer terminal, Data-processing apparatus, Digital televisions, Digital cameras, Digital audio players
  105. Online or catalogue mail order in the fields of electrical goods and electronic goods, namely wireless communication devices, wireless computer peripheral devices, DVD players, electric connector sockets, electric recording apparatus, electronic apparatus for telephone calls, faxes, emails and other digital data, electronic organisers, electronic publications, downloadable electronic publications, receivers [sound, image, data], external data storage devices
  106. Online or catalogue mail order services in relation to electric goods and electronic goods, Namely television apparatus, television receivers, hard disk drive storage units, hard discs, GPS devices, USB hardware, Covers for computer disks, earphone speakers, interactive television terminal sets
  107. Online or catalogue mail order services in relation to electric goods and electronic goods, Namely interfaces [interface apparatus or programs for computers], internet servers, Cameras, Chargers for electric batteries, LAN [local operating network] hardware, Laptop computers, laptop bags, Readers (data processing equipment), Electronic book readers and other electronic publications, local networks [LANs and WLANs], Mouse pads, Mice (data processing equipment), Microphones, micro processors, Modems
  108. Online or catalogue mail order services in relation to electric goods and electronic goods, Namely monitors [computer hardware], MP3 players, Music files for downloading, Personal Digital Assistant devices, fonts, typefaces, type designs and symbols in the form of recorded data, Computer memories, Memory cards and memory card readers, Control apparatus for network management, Tablet computers, keyboards, handheld computers, Telephone
  109. Online or catalogue mail order in the fields of electrical goods and electronic goods, namely sound reproduction apparatus, portable players, portable digital electronic devices for data processing, information processing, for storing and displaying data, transmitting and receiving data, transferring data between computers, global positioning system (GPS) devices
  110. Online or catalogue mail order in the fields of electrical goods and electronic goods, namely portable media players, portable telecommunications devices, USB drives, devices for displaying materials published in electronic form, namely books, journals, newspapers, periodicals, multimedia presentations, video recorders, WLAN hardware, parts, fittings, components and testing devices for all the aforesaid goods
  111. Arranging, conclusion and settlement of contracts over the purchase and sale of goods
  112. Arranging, conclusion and settlement of contracts regarding the demand of services
  113. Retailing relating to downloadable and non-downloadable electronic publications
  114. Retail services in relation to magazines
  115. Electronic publication of printed material for advertising purposes, in electronic form
  116. Consultancy and information in relation to the aforesaid services, included in this class
  117. Casting [personnel recruitment]
  118. Advertising relating to the creation, development, maintenance and use of websites and of online services.
• The mark was filed in class 38 with following description of goods:
  
  1. Computer communication services, namely providing online facilities for real-time interaction with other computer users concerning topics of general interest
  2. Providing on-line forums for transmission of messages among computer users concerning topics of general interest
  3. Providing access to computer networks for real-time interaction with other computer users concerning topics of general interest
  4. Chatroom services for social networking
  5. Communication services, namely, transmission of voice, audio, visual images and data by telecommunications networks, wireless communication networks, the Internet, information services networks and data networks
  6. Electronic messaging
  7. Electronic data interchange services
  8. Electronic mail and messaging services
  9. Electronic transmission of data, images, messages, documents, and mail
  10. Instant electronic messaging services
  11. Message sending and receiving services
  12. Peer-to-peer network computer services, namely, electronic transmission of audio, video and other data and documents among computers
  13. Providing an on-line forum for discussion of business analytics, marketing, sales, service, and strategy
  14. Providing Internet chat rooms
  15. Providing on-line electronic bulletin boards for transmission of messages among computer users concerning business analytics, marketing, sales, service, and strategy
  16. Telecommunications, in particular mobile telephone services, telephone services, fax services, radio communication services, paging services, telex services, telegram services, e-mail data services
  17. Telecommunications via telecommunications networks, in particular mobile phone networks or satellite-supported telecommunications networks
  18. Communications by cellular phones
  19. Mobile telecommunications services, included in class 38
  20. Radio and television broadcasting
  21. Mobile phone television broadcasting
  22. Videoconferencing services
  23. News and information agencies within the framework of press agencies
  24. Transmission of electronic mail
  25. Web messaging
  26. Transmission of messages and images
  27. Electronic transmission of data, messages, images, documents and information relating to topics of general interest
  28. Wireless telecommunications through electronic transmission of data, sound, messages, images, information and documents via the Internet
  29. Providing access to online computer databases
  30. Providing access to electronic publications on the Internet
  31. Wireless telecommunications through electronic transmission of data, sound, messages, images, information and documents via the Internet
  32. Providing access to information on the Internet and on the mobile Internet, in particular access to downloadable files, namely sound, image, music and video recordings, all the aforesaid files in particular for downloading for mobile telephones and other mobile terminals
  33. Transmission of information stored on databases, namely by means of interactive computer systems and/or by providing access to information on the Internet (included in class 38)
  34. Telecommunications services via the Internet, intranets, extranets
  35. Procuring access to databases
  36. Providing access to a global computer network
  37. Providing access to data on computer networks, namely information, texts, drawings and images concerning goods and services
  38. Providing access to data on the Internet and on the mobile Internet, namely information and messages in the form of sound or images
  39. Providing access to software on data networks for Internet access
  40. Providing access to information for entertainment on computer networks
  41. Providing internet chatrooms, Electronic exchange of messages and other information via chatlines, Providing of chat possibilities and internet forums
  42. Telecommunication services provided via Internet platforms and portals
  43. Providing telecommunications channels for teleshopping services
  44. Transmission of electronic mail
  45. Transferring information and data via computer networks and the Internet
  46. Provision of access to online services
  47. Leasing access time to computers
  48. Consultancy services relating to corporate and personal access to and use of the internet
  49. Online provision of information relating to provision of access to online services, to leasing access time to computers
  50. Online providing of information relating to corporate and personal access to and use of the internet.
• The mark was filed in class 41 with following description of goods:
  
  1. Education
  2. Training
  3. Entertainment services
  4. Sporting and cultural activities
  5. Development, design and production of film, television, multimedia, Internet and radio programmes and transmissions (for educational, instructional and entertainment purposes, and of news broadcasts)
  6. Publication (including in electronic form), in particular of newspapers, periodicals and books (other than for advertising purposes)
  7. Providing online electronic publications, not downloadable
  8. Production and conducting of shows, quizzes, interviews, theatrical, sporting and musical events, and arranging of competitions (education and entertainment)
  9. Film production and sound studio services
  10. Photography
  11. Scriptwriting services
  12. Publishing services, except printing
  13. Rental of motion pictures
  14. Editing of texts
  15. News reporters services
  16. Photographic reporting
  17. Writing and publishing of texts, other than publicity texts
  18. Providing entertainment information
  19. Production of Internet, television and radio programmes
  20. Booking of seats for shows
  21. Awarding of prizes for cultural, sporting and entertainment purposes
  22. Rental of audio, film and projection apparatus, rental of motion pictures, film showings
  23. Music composition services
  24. Arranging and conducting of cultural, entertainment and sporting events
  25. Conducting of musical performances
  26. Conducting of (live) musical performances
  27. Staging of concerts
  28. Arranging and conducting of conferences, congresses, symposiums, seminars and workshops (training)
  29. Training consultancy and further training consultancy and education consultancy
  30. Vocational guidance [education or training advice]
  31. Coaching
  32. Academies [education]
  33. Teaching
  34. Consultancy and information in relation to the aforesaid services, included in this class
  35. Games on the Internet
  36. Ticket agency services [entertainment]
  37. Television entertainment
  38. Film production services
  39. Publication of texts, other than publicity texts
  40. Publication of printed matter in electronic format, including on the Internet (other than for advertising purposes)
  41. Publication of periodicals and books in electronic form, including on the Internet
  42. Entertainment information
  43. Videotape editing
  44. Orchestra services
  45. Game services provided online from a computer network
  46. Online publication of electronic books and periodicals
  47. Arranging and conducting of cultural and/or sports events
  48. Arranging and conducting of conferences
  49. Arranging and conducting of congresses
  50. Arranging and conducting of concerts
  51. Party planning services (entertainment)
  52. Booking of seats for shows
  53. Production of shows
  54. Radio entertainment
  55. Theatre productions
  56. Advance ticket sales for entertainment events
  57. Rental of lighting apparatus for theatrical sets or television studios
  58. Digital image processing (photo processing)
  59. Publication of printed matter
  60. Organisation and conducting of information events in the fields of withdrawal, education, entertainment and sport
  61. Training services relating to health and safety
  62. Vocational education relating to avoidance of health related problems
  63. Provision of educational health and fitness information
  64. Education services relating to health
  65. Health and fitness training
  66. Health and wellness training
  67. Education services relating to health
  68. Instruction courses relating to health
  69. Provision of non-downloadable electronic publications
  70. Providing on-line publications
  71. On-line publishing services
  72. Providing online electronic publications, not downloadable
  73. Publishing of web magazines
  74. Electronic online publication of periodicals and books
  75. Publication of online reviews in the field of entertainment
  76. Providing online electronic publications, not downloadable
  77. Electronic publishing services.
• The mark was filed in class 42 with following description of goods:
  
  1. Computer software design
  2. Computer hardware and computer software consultancy services
  3. Webpage design services
  4. Consultancy with regard to the creation, development, maintenance and application of webpages
  5. Online providing of information relating to computer networking, information technology and the use of computers, computer hardware and computer software
  6. Online provision of information relating to the creation, development, maintenance and use of websites and of online services
  7. Online providing of information relating to services in the field of website design for the creation, development, maintenance and use of websites and to the technical, engineering, scientific and legal capabilities and requirements relating to computer hardware and software
  8. Online providing of information relating to the design of computer software.
• The mark was filed in class 45 with following description of goods:
  
  1. Licensing of industrial property rights and copyright
  2. Management of industrial property rights and copyright
  3. Issuing licences for franchising concepts
  4. Copyright management
  5. Intellectual property watching services
  6. Licensing of computer software [legal services]
  7. Allocating and registering of domain names
  8. Legal consultancy for franchising concepts
  9. Film, television and video licensing
  10. Consultancy and information in relation to the aforesaid services, included in this class.