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).
Goods And Services
The mark was filed in class 9 with following description of goods:
Computers
Downloadable publications
Electronic publications, downloadable
Electronic publications recorded on computer media.
The mark was filed in class 16 with following description of goods:
Printed publications in general
Printed matter
Bookbinding material
Printed publications
Publications
Books
Manuals [handbooks]
Catalogues
Periodicals
Magazines [periodicals]
Pamphlets
Comics
Educational and instructional material
Leaflets
Photographs [printed]
Printed reports
Printed information sheets
Printed news releases
Printed matter for advertising or promotional purposes
Home shopping catalogs
Journals
Informational sheets
Periodicals
Prospectuses
Promotional publications
Paper, Cardboard, Millboard, Paper articles, included in class 16, namely paper bags, Tickets, Control tokens, Printed forms
Towels made of paper
Posters, flags and pennants of paper or cardboard
Bags and envelopes, of paper or plastic, for packaging
Stationery, In particular pens, Blocks, Paper sheets, Bindings, Geographical view maps, Greeting cards, Writing paper, Calendars, Stickers
The mark was filed in class 35 with following description of goods:
Business management
Business administration
Office functions
Advertising
Online advertising in data networks
Radio advertising
Advertising by mail order
Outdoor advertising
Print advertising
Internet advertising
Dissemination of advertising matter
Direct mail advertising
Advertising via mobile radio networks
Advertising on mobile phone television
Advertisement for others on the Internet
Advertising agency services
Demonstration of goods
Planning and design of advertising activities
Presentation of companies on the Internet and other media for promotional purposes
Distribution of advertising, marketing and promotional material
Distribution of samples
Sales promotion (for others), public relations
Market research on digital networks (webvertising)
Telemarketing services
Market analysis and research
PR agency services, including public relations
Writing of publicity texts
Updating of advertising material
Publication of publicity texts
News clipping services
Marketing
Marketing studies
Advertising, marketing and promotional consultancy, advisory and assistance services
Provision of advertising space, time and media
Search engine optimisation
Business analysis, research and information services
Business consultancy and advisory services
Market research and market studies and analysis
Rental of advertising space
Auctioneering, including on the Internet
Arranging contracts, for others, for the buying and selling of goods and the providing of services
Arranging of commercial transactions, for others, includng within the framework of e-commerce
Receiving and administrative processing of purchase orders
Presentation of goods and services
Business and organization consultancy
Collating, maintenance and systematic ordering of data in computer databases
Arranging advertising contracts for others
Employment agency services
Development of advertising concepts
Advertising research
Advertising management
Distribution of products for advertising purposes
Economic information
Sales promotion, for others, in particular marketing and promotion of goods and services of all kinds, including via online portals
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
Arranging of commercial and business contacts
Price calculation for goods and services
Conducting of competitions and prize games for advertising purposes
Production of lottery, television, radio and Internet commercials
Public relations services
Consumer consultancy
Rental of advertising films
Publication of publicity texts
Data search in computer files for others
Presentation of companies on the Internet and other media
Sponsoring in the form of advertising
Arranging of subscriptions to newspapers and periodicals (for others)
Publication of printed matter (including in electronic form), for advertising purposes
Arranging and conducting of advertising events
Merchandising (sales promotion)
Arranging, conducting and monitoring of sales and promotional incentive schemes for marketing purposes, included in class 35
Telephone and/or computerised order placement for teleshopping, for others
Business management consultancy
Professional business and organisational consultancy
Personnel management consultancy
Organisational project management in the field of electronic data processing
Representation of business interests of third parties towards political decision makers and other persons
Organization of exhibitions for commercial or advertising purposes
Procurement services for others [purchasing goods and services for other businesses]
Advertising in all media, including radio, television, cinema, print, videotext, on-line and teletext advertising
Direct mail advertising
Good and service presentations
Market research
Marketing for third parties in digital networks
Organization and operating of promotions events
Computerized file management
Electronic data processing, for others, namely systemisation of data in computer databases and computerised file management
Compilation of statistics
Organisation of exhibitions, trade shows, and expositions for commercial, business or advertising purposes
Management of the internet community of social media
Subscriptions (arranging of) to books, reviews, newspapers or comic books
Arranging subscriptions to information media
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
Retailing in relation to computers, electronic book readers and audio and video players
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
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
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)
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
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
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
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
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
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
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
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
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
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
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
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
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
Arranging, conclusion and settlement of contracts over the purchase and sale of goods
Arranging, conclusion and settlement of contracts regarding the demand of services
Retailing relating to downloadable and non-downloadable electronic publications
Retail services in relation to magazines
Electronic publication of printed material for advertising purposes, in electronic form
Consultancy and information in relation to the aforesaid services, included in this class
Casting [personnel recruitment]
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:
Computer communication services, namely providing online facilities for real-time interaction with other computer users concerning topics of general interest
Providing on-line forums for transmission of messages among computer users concerning topics of general interest
Providing access to computer networks for real-time interaction with other computer users concerning topics of general interest
Chatroom services for social networking
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
Electronic messaging
Electronic data interchange services
Electronic mail and messaging services
Electronic transmission of data, images, messages, documents, and mail
Instant electronic messaging services
Message sending and receiving services
Peer-to-peer network computer services, namely, electronic transmission of audio, video and other data and documents among computers
Providing an on-line forum for discussion of business analytics, marketing, sales, service, and strategy
Providing Internet chat rooms
Providing on-line electronic bulletin boards for transmission of messages among computer users concerning business analytics, marketing, sales, service, and strategy
Telecommunications, in particular mobile telephone services, telephone services, fax services, radio communication services, paging services, telex services, telegram services, e-mail data services
Telecommunications via telecommunications networks, in particular mobile phone networks or satellite-supported telecommunications networks
Communications by cellular phones
Mobile telecommunications services, included in class 38
Radio and television broadcasting
Mobile phone television broadcasting
Videoconferencing services
News and information agencies within the framework of press agencies
Transmission of electronic mail
Web messaging
Transmission of messages and images
Electronic transmission of data, messages, images, documents and information relating to topics of general interest
Wireless telecommunications through electronic transmission of data, sound, messages, images, information and documents via the Internet
Providing access to online computer databases
Providing access to electronic publications on the Internet
Wireless telecommunications through electronic transmission of data, sound, messages, images, information and documents via the Internet
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
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)
Telecommunications services via the Internet, intranets, extranets
Procuring access to databases
Providing access to a global computer network
Providing access to data on computer networks, namely information, texts, drawings and images concerning goods and services
Providing access to data on the Internet and on the mobile Internet, namely information and messages in the form of sound or images
Providing access to software on data networks for Internet access
Providing access to information for entertainment on computer networks
Providing internet chatrooms, Electronic exchange of messages and other information via chatlines, Providing of chat possibilities and internet forums
Telecommunication services provided via Internet platforms and portals
Providing telecommunications channels for teleshopping services
Transmission of electronic mail
Transferring information and data via computer networks and the Internet
Provision of access to online services
Leasing access time to computers
Consultancy services relating to corporate and personal access to and use of the internet
Online provision of information relating to provision of access to online services, to leasing access time to computers
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:
Education
Training
Entertainment services
Sporting and cultural activities
Development, design and production of film, television, multimedia, Internet and radio programmes and transmissions (for educational, instructional and entertainment purposes, and of news broadcasts)
Publication (including in electronic form), in particular of newspapers, periodicals and books (other than for advertising purposes)
Providing online electronic publications, not downloadable
Production and conducting of shows, quizzes, interviews, theatrical, sporting and musical events, and arranging of competitions (education and entertainment)
Film production and sound studio services
Photography
Scriptwriting services
Publishing services, except printing
Rental of motion pictures
Editing of texts
News reporters services
Photographic reporting
Writing and publishing of texts, other than publicity texts
Providing entertainment information
Production of Internet, television and radio programmes
Booking of seats for shows
Awarding of prizes for cultural, sporting and entertainment purposes
Rental of audio, film and projection apparatus, rental of motion pictures, film showings
Music composition services
Arranging and conducting of cultural, entertainment and sporting events
Conducting of musical performances
Conducting of (live) musical performances
Staging of concerts
Arranging and conducting of conferences, congresses, symposiums, seminars and workshops (training)
Training consultancy and further training consultancy and education consultancy
Vocational guidance [education or training advice]
Coaching
Academies [education]
Teaching
Consultancy and information in relation to the aforesaid services, included in this class
Games on the Internet
Ticket agency services [entertainment]
Television entertainment
Film production services
Publication of texts, other than publicity texts
Publication of printed matter in electronic format, including on the Internet (other than for advertising purposes)
Publication of periodicals and books in electronic form, including on the Internet
Entertainment information
Videotape editing
Orchestra services
Game services provided online from a computer network
Online publication of electronic books and periodicals
Arranging and conducting of cultural and/or sports events
Arranging and conducting of conferences
Arranging and conducting of congresses
Arranging and conducting of concerts
Party planning services (entertainment)
Booking of seats for shows
Production of shows
Radio entertainment
Theatre productions
Advance ticket sales for entertainment events
Rental of lighting apparatus for theatrical sets or television studios
Digital image processing (photo processing)
Publication of printed matter
Organisation and conducting of information events in the fields of withdrawal, education, entertainment and sport
Training services relating to health and safety
Vocational education relating to avoidance of health related problems
Provision of educational health and fitness information
Education services relating to health
Health and fitness training
Health and wellness training
Education services relating to health
Instruction courses relating to health
Provision of non-downloadable electronic publications
Providing on-line publications
On-line publishing services
Providing online electronic publications, not downloadable
Publishing of web magazines
Electronic online publication of periodicals and books
Publication of online reviews in the field of entertainment
Providing online electronic publications, not downloadable
Electronic publishing services.
The mark was filed in class 42 with following description of goods:
Computer software design
Computer hardware and computer software consultancy services
Webpage design services
Consultancy with regard to the creation, development, maintenance and application of webpages
Online providing of information relating to computer networking, information technology and the use of computers, computer hardware and computer software
Online provision of information relating to the creation, development, maintenance and use of websites and of online services
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
Online providing of information relating to the design of computer software.
The mark was filed in class 45 with following description of goods:
Licensing of industrial property rights and copyright
Management of industrial property rights and copyright
Issuing licences for franchising concepts
Copyright management
Intellectual property watching services
Licensing of computer software [legal services]
Allocating and registering of domain names
Legal consultancy for franchising concepts
Film, television and video licensing
Consultancy and information in relation to the aforesaid services, included in this class.