The trademark survivors at war was filed by Beijing ELEX Technology Co., Ltd., a corporation established under the laws of the People's Republic of China (the "Applicant"). The application was published for oppositions on May 28, 2020, and received one opposition filed on August 19, 2020 by CASTAWAY TELEVISION PRODUCTIONS LIMITED on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by WIGGIN LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 19, 2020
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
The Opposition with reference B 003129061 was refused according to Article 8(1)(b) EUTMR with decision issued on September 14, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer game software
Downloadable computer game software via a global computer network and wireless devices
Computer software applications,downloadable
Computer programs,recorded
Computer software,recorded
Computer programs [downloadable software]
Virtual reality game software
Interactive multimedia game programs
Downloadable video game programs
Video game software
Video game cassettes
Computer game software downloadable from a global computer network
Video and computer game programs
Computer games programs downloaded via the internet [software]
Operating and user instructions stored in digital form for computers and computer software,in particular on floppy disks or CD-ROM.
The mark was filed in class 41 with following description of goods:
Game services provided on-line from a computer network
Layout services,other than for advertising purposes
On-line publication of electronic books and journals
Film production,other than advertising films
Games equipment rental
Providing amusement arcade services
Entertainment information
Publication of books
Entertainment services
Providing recreational areas in the nature of play areas for children
Providing online training seminars
Providing online videos,not downloadable
Providing online courses of instruction
On-line library services,namely,providing electronic library services which feature newspapers,magazines,photographs and pictures via an on-line computer network
Radio entertainment production
Holiday camp services
Parks (Amusement-)
Audio,video and multimedia production,and photography