The trademark XOBLIVION was filed by SMART SALES S.R.L., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on February 18, 2021, and received one opposition filed on May 17, 2021 by ZeniMax Media Inc. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by DLA Piper Studio Legale Tributario Associato and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 17, 2021
The application was filed in Italian, and Italian 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:
Television apparatus
Digital televisions
Car televisions
Television decoders
Stands for televisions
Television receivers
Plasma televisions
Filters for television sets
Remote controls for televisions
3D spectacles for television receivers
Laser projection televisions
Anti-glare filters for televisions
Televisions incorporating video recorders
UHD (Ultra High Definition) Televisions
HD (High Definition) televisions
Internet Protocol televisions
DMB (Digital Multimedia Broadcasting) televisions
Liquid crystal display (LCD) televisions
Screen filters for computers and televisions
Organic light-emitting diode televisions
Coin-operated mechanisms for television sets
Brackets for setting up flat screen TV sets
LED televisions
Display devices, television receivers and film and video devices
Television receivers and film and video reproduction apparatus
Television outlets
Television apparatus
Television receivers
Television decoders
3D television receivers
Television signal amplifiers
Television decoders
Television monitoring apparatus
Displays for television receivers
Filters for television screens
Television antennas
Television recorders
Television receiving dishes
Closed circuit television apparatus
Receivers for receiving cable television
Cable television converters
Cable television transmitters
Television decoders
Satellite television receiving apparatus
Transmitting and receiving apparatus for television broadcasting
Programmable digital television recorders
Wall mountings adapted for television monitors
Screens
Projection screens
Liquid crystal display screens
LED screen displays
Projection screens
Display screens
Interactive graphics screens
Flat panel displays
Visors for helmets
Motion picture screens
Optical filters for plasma display panel
Liquid crystal display screens
Stereo headphones
Wireless headphones
Headsets
Headsets
Headphone amplifiers
Headsets for use with computers
Headphone-microphone combinations
Headphone consoles
Internet phones
Communications head sets
Phone plugs
Headsets for smartphones
Ear pads for headphones
Telephone headsets
Cases for headphones
Headsets
Headsets for mobile telephones
Audiovisual headsets for playing video games
Ear pads for headphones
Wireless headsets
Wireless headsets for smartphones
Wireless headsets for tablet computers
Virtual reality headsets
Wireless headsets for use with mobile telephones
Headsets for virtual reality games
Personal headphones for sound transmitting apparatuses
Hands-free headsets for cell phones
Audio/visual and photographic devices
Information technology and audio-visual, multimedia and photographic devices
Recording devices for sound and image carriers
Playing devices for sound and image carriers
Audio signal range restorers
Wireless signal boosters
Electronic wirelessly enabled doorbells
Wireless communication apparatus
Wireless high frequency transmission instruments
Devices for wireless radio transmission
High definition set-top boxes
Digital television decoders.
The mark was filed in class 35 with following description of goods:
Online sale, Retail and Wholesaling of the following goods: Television receiving sets, Digital televisions, Car televisions, Television decoders, Stands for televisions, Television receivers, Plasma televisions
Online sale, Retail and Wholesaling of the following goods: Filters for televisions, Remote controls for televisions, 3D spectacles for television receivers, Laser projection televisions, Anti-glare filters for televisions, Televisions incorporating video recorders, Ultra high definition (UHD) televisions, High-definition (HD) televisions, Internet protocol televisions
Online sale, Retail and Wholesaling of the following goods: DMB (digital multimedia broadcasting) televisions, Liquid crystal display (LCD) televisions, Screen filters for computers and televisions, Organic light-emitting diode televisions, Coin-operated mechanisms for television sets
Online sale, Retail and Wholesaling of the following goods: Brackets for setting up flat screen TV sets, LED televisions, Screen devices, Television receivers and film and video reproduction apparatus, Television outlets, TVs, television receivers, Television decoder, 3D television receivers
Online sale, Retail and Wholesaling of the following goods: Television signal amplifiers, Decoders for television sets, Television monitoring apparatus, Displays for television receivers, Filters for television screens, Television aerials, Television recorders, Television receiving dishes
Online sale, Retail and Wholesaling of the following goods: Closed circuit television apparatus, Cable television receiver, Cable television converters, Cable television transmitters, Television decoders, Satellite television receiving apparatus
Online sale, Retail and Wholesaling of the following goods: Transmission apparatus and Receiving apparatus for television broadcasting, Programmable digital television recorders, Wall mountings adapted for television monitors, Screening, Projection screens, LCD screens, LED's, Film screens
Online sale, Retail and Wholesaling of the following goods: visual display screens, interactive graphics screens, Flat monitors, Anti-glare screens, Motion picture screens, Optical filters for plasma display panel, Liquid crystal display screens
Online sale, Retail and Wholesaling of the following goods: Stereo head phones, Wireless headphones, Stereo headphones, Headphones, Headphone amplifiers, Headsets for use with computers, Headphone-microphone combinations, Headphone consoles, Internet headphones, communications head sets, headphone plugs, Headsets for smartphones, Ear pads for headphones, Headphones for telephones
Online sale, Retail and Wholesaling of the following goods: Cases for headphones, music headphones, headsets for mobile phones, Audiovisual headsets for playing video games, Ear tips for headphones, Wireless headsets, Wireless headsets for smartphones, Wireless headsets for tablet computers, virtual reality headsets, Wireless headset for cellphones, Headsets for virtual reality games
Online sale, Retail and Wholesaling of the following goods: personal headphones for sound transmitting apparatuses, Hands-free headsets for cell phones, Audio/visual and photographic devices, information technology and audiovisual, multimedia and photographic devices
Online sale, Retail and Wholesaling of the following goods: Recording devices for sound and image carriers, Playing devices for sound and image carriers, Audio signal range restorers, Wireless signal boosters
Online sale, Retail and Wholesaling of the following goods: Electronic wirelessly enabled doorbells, Wired and wireless communication devices, Wireless high frequency transmission instruments, devices for wireless radio transmission, high definition set- top boxes, Digital television decoders.