The trademark Serious Fun was filed by ISB Magma Limited, a corporation established under the laws of the Republic of Malta (the "Applicant"). The application was published for oppositions on February 7, 2021, and received one opposition filed on May 9, 2021 by Serious Fun Children's Network, Inc. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by DECHERT LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 9, 2021
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Apparatus, instruments and cables for electricity
Diving equipment
Information technology and audio-visual, multimedia and photographic devices
Magnets, magnetizers and demagnetizers
Measuring, detecting, monitoring and controlling devices
Navigation, guidance, tracking, targeting and map making devices
Optical devices, enhancers and correctors
Recorded content
Safety, security, protection and signalling devices
Scientific and laboratory devices for treatment using electricity
Scientific research and laboratory apparatus, educational apparatus and simulators
All of the aforesaid goods being for and in relation to games of chance, betting games, games displaying wagers, casino games, gambling games.
The mark was filed in class 28 with following description of goods:
Fairground and playground apparatus
Sporting articles and equipment
Toys, games, and playthings
All of the aforesaid goods being for and in relation to games of chance, betting games, games displaying wagers, casino games, gambling games.
The mark was filed in class 35 with following description of goods:
Advertising, marketing and promotional services
Business assistance, management and administrative services
Providing information via the Internet relating to the sale of automobiles
Providing market information in relation to consumer products
Providing recommendations of goods to consumers for commercial purposes
Provision of an online marketplace for buyers and sellers of goods and services
Provision of information and advice to consumers regarding the selection of products and items to be purchased
Provision of information concerning commercial sales
Provision of online price comparison services
Purchasing agency services
Purchasing of goods and services for other businesses
Purchasing services
Sales administration
Sales management services
All of the aforesaid services being for and in relation to games of chance, betting games, games displaying wagers, casino games, gambling games.
The mark was filed in class 38 with following description of goods:
Provision and rental of telecommunications facilities and equipment
Telecommunication services
All of the aforesaid services being for and in relation to games of chance, betting games, games displaying wagers, casino games, gambling games.
The mark was filed in class 41 with following description of goods:
Education, entertainment and sport services
Publishing, reporting, and writing of texts
Ticket reservation and booking services for education, entertainment and sports activities and events
Translation and interpretation
Education, entertainment and sports
All of the aforesaid services being for and in relation to games of chance, betting games, games displaying wagers, casino games, gambling games.
The mark was filed in class 42 with following description of goods:
Design services
IT services
Science and technology services
Testing, authentication and quality control
All of the aforesaid services being for and in relation to games of chance, betting games, games displaying wagers, casino games, gambling games.