The trademark BLACK CENTURION was filed by Black Centurion Ltd., a corporation established under the laws of the Republic of Cyprus (the "Applicant"). The application was published for oppositions on April 11, 2021, and received one opposition filed on July 7, 2021 by American Express Marketing & Development Corp. on Likelihood of confusion. the opponent was represented by SKW SCHWARZ RECHTSANWÄLTE and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 7, 2021
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Change of name and professional address of the trademark registration was recorded on January 18, 2022.
Goods And Services
The mark was filed in class 9 with Wearable digital electronic devices being a telephone and software and display screens for viewing, sending and receiving texts, emails, data and information from smart phones, tablet computers and portable computers..
The mark was filed in class 16 with following description of goods:
Paper and cardboard
Printed matter
Bookbinding material
Photographs
Stationery
Office requisites
Adhesives for stationery or household purposes
Drawing materials
Paintbrushes
Typewriters
Instructional and teaching material (except apparatus)
Plastic materials for packaging and wrapping
Printers' type
Printing blocks
Books
Pamphlets
Posters
Cards
Printed cards
Circulars
Catalogues
Calendars
Price tags
Price tags
Price lists
Carrier bags
Arts, crafts and modelling equipment
Bags and articles for packaging, wrapping and storage of paper, cardboard or plastics
Printed telephone, facsimile, electronic mail and web site directories
Cards in the form of credit cards, debit cards, cash cards, charge cards, telephone cards and identification cards other than encoded and magnetic cards
Marketing and promotional materials
Printed advertisements
User manuals
Decoration and art materials and media
Tissues
Handkerchiefs made of paper
Decoration and art materials and media
Correcting and erasing implements
Educational equipment
Filtering materials of paper
Industrial paper and cardboard
Money holders
Office machines
Photo albums and collectors' albums
Printing and bookbinding equipment
Stationery and educational supplies
Printed matter, and stationery and educational supplies
Works of art and figurines made of paper and cardboard
Architects' models
Writing and stamping implements
Collectable cards
Collectable trading cards
Paper flags and banners
Colouring and drawing books
Activity books
Printed publications
Magazines
Newspapers
Books
Journals
Page markers
Score sheets
Event programs
Event albums
Autograph books
Printed timetables
Brochures
Bumper stickers
Stickers
Albums
Sticker albums
Paper tablecloths
Paper serviettes
Paper bags
Invitation cards
Greeting cards
Gift-wrapping paper
Coasters of paper
Table mats of paper
Stamps (seals)
Postage stamps for collectable purposes
Commemorative stamp sheets
Passport holders
Absorbent sheets of paper or plastic for foodstuff packaging
Advertisement boards of paper or cardboard
Advertising signs of paper or cardboard
Almanacs
Announcement cards [stationery]
Apparatus for mounting photographs
Baggage claim check tags of paper
Bags [envelopes, pouches] of paper or plastics, for packaging
Banners of paper
Bibs of paper
Bibs, sleeved, of paper
Bunting of paper
Bottle envelopes of paper or cardboard
Bottle wrappers of paper or cardboard
Boxes of paper or cardboard
Canvas for painting
Conical paper bags
Covers [stationery]
Desk mats
Diagrams
Document holders [stationery]
Drawing pads
Drawing materials
Embroidery designs [patterns]
Envelopes [stationery]
Engravings
Engraving plates
Erasing products
Figurines [statuettes] of papier mache
Figurines made from cardboard
Figurines made from paper
Files [office requisites]
Filter paper
Flower-pot covers of paper
Flyers
Folders for papers
Garbage bags of paper or of plastics
Geographical maps
Gift bags
Gift boxes
Glitter for stationery purposes
Graphic prints
Graphic representations
Hat boxes of cardboard
Holders for cheque books
Holders for stamps [seals]
Index cards [stationery]
Ink
Labels of paper or cardboard
Ledgers [books]
Letter trays
Magazines [periodicals]
Manuals [handbooks]
Marking pens [stationery]
Mats for beer glasses
Modelling clay
Modelling materials
Money clips
Moulds for modelling clays [artists' materials]
Musical greeting cards
Name badge holders [office requisites]
Name badges [office requisites]
Newsletters
Office requisites, except furniture
Packaging material made of starches
Packing [cushioning, stuffing] materials of paper or cardboard
Pads [stationery]
Page holders
Paint trays
Painters' brushes
Painters' easels
Paintings [pictures], framed or unframed
Paper coffee filters
Paper sheets [stationery]
Paper wipes for cleaning
Paperweights
Papier mâché
Pen cases
Pen clips
Pencil holders
Pencil sharpeners, electric or non-electric
Pencils
Pens [office requisites]
Periodicals
Photo-engravings
Photograph stands
Penholders
Photographs [printed]
Pictures
Place mats of paper
Placards of paper or cardboard
Plastic bags for pet waste disposal
Plastic bubble packs for wrapping or packaging
Plastic film for wrapping
Plastics for modelling
Portraits
Postage stamps
Postcards
Printed coupons
Printed sheet music
Prospectuses
Rice paper
Rubber erasers
School supplies [stationery]
Sealing wax
Seals [stamps]
Sewing patterns
Silver paper
Signboards of paper or cardboard
Song books
Stamp pads
Stands for pens and pencils
Stencils
Tickets
Tissues of paper for removing make-up
Toilet tissue made of paper
Towels of paper
Tracing paper
Trading cards, other than for games
Writing cases [sets]
Writing instruments
Writing materials
Writing paper
Writing board erasers
All the aforementioned goods/services not relating to articles of clothing, headgear, footwear, women's fashion, fashion accessories.
The mark was filed in class 30 with following description of goods:
Coffee
Tea
Cocoa
Rice
Tapioca
Sago
Flour
Preparations made from cereals
Bread
Pastry
Confectionery
Confectionery ices
Ices
Sugar, honey, treacle
Baking powder
Yeast powder
Salt
Mustard
Vinegar
Sauces
Sauces [condiments]
Spices
Ice.
The mark was filed in class 31 with following description of goods:
Agricultural, horticultural and forestry products and grains not included in other classes
Live animals
Fresh fruits and vegetables
Seeds
Natural plants and flowers
Foodstuffs for animals
Malt.
The mark was filed in class 32 with following description of goods:
Beers
Mineral waters
Aerated waters
Non-alcoholic drinks
Fruit beverages and fruit juices
Fruit juice drinks
Syrups and other non-alcoholic preparations for making beverages.
The mark was filed in class 33 with Alcoholic beverages (except beers).
The mark was filed in class 35 with following description of goods:
Market research
Advertising for third parties
Sales promotion for third parties
Market research and provision of information and advice to consumers in commercial and business matters [consumer advice]
Information in business matters
Promoting the goods and services of others through computer and communication networks
Mediation of contracts for third parties for the purchase and sale of goods and the provision of services via computer and communication networks
Online retail store services in the field of digital media
Charitable services, namely, public relations relating to charitable, philanthropic, volunteer, public and nonprofit services and humanitarian activities
Arranging of competitions for advertising purposes
Development of reward programs for marketing purposes
Systematisation of invoice payment data for users of computer and communication networks in computer databases
None of the aforesaid services relating to clothing, headgear, footwear, ladies' fashion, fashion accessories.
The mark was filed in class 36 with following description of goods:
Real estate management
Real estate agency services
Rental of real estate
Real estate affairs
Financing and funding services
Financial consultancy
Collection of payments
Rental of apartments
Rental of offices [real estate]
Rental of hotels (real estate)
Rental of event rooms (except in hotels and restaurants)
Insurance services
Financial affairs
Monetary affairs
Real estate affairs
Financial administration of patient reimbursement programs
Providing information on government financial assistance programs
Financial administration of medication reimbursement programs and services
Loyalty program payment processing services
Provision and financial administration of a debit card savings program
Providing lease financing for goods
Financial services, namely, savings programs for youths
Charitable foundation services, namely, providing financial assistance for programs and services of others
Underwriting warranty programs in the field of technical hardware and digital services, appliances, automobiles
Fundraising services, by means of organizing, arranging and conducting fundraising programs for the benefit of schools and non-profit organizations
Providing cash and other rebates for credit card use as part of a customer loyalty program
Personal and corporate tax saving club in the nature of a saving program for funds that will be used to pay taxes
Providing lease financing for telecommunication hardware, technical products, smart home products, IT equipment, computer software, automobiles.
The mark was filed in class 38 with following description of goods:
Telecommunications
Telecommunication services, namely, data transmission and reception services via telecommunication networks
Providing web-based multimedia teleconferencing, videoconferencing, and online meeting services that allow simultaneous and asynchronous viewing, sharing, editing, and discussion of documents, data, and images by participants via a web browser
Providing customers with online access to online reports regarding the performance, effectiveness, and status of web-based applications, teleconferences, videoconferences, and meetings
Providing users with secure remote access via the Internet to private computer networks
Providing online collaboration services allowing users to access applications, platforms, jointly-shared documents, data, task lists, and discussion forums
Providing access to computer database on the global computer network for searching and retrieving information, data, web sites and resources available on computer networks
Providing user access to a computer database containing electronic publications, bulletin boards, database and information accessible via computer
Chat room services
Multiple user access to global computer information networks for the transfer and dissemination of a wide range of information
Providing access to a website on a global computer network by which third parties can offer goods and services, place and fulfill orders, enter into contracts and transact business
Providing access to an interactive website on a global computer network for third parties to post information, respond to requests and place and fulfill orders for products, services and business opportunities
Electronic communication services for establishing virtual chatrooms via text messaging
Providing electronic bulletin boards for the posting and transmission of messages among and between computer users concerning products, services and business leads and opportunities
Providing an online interactive bulletin board for the posting, promotion, sale and resale of items via a global computer network
Providing electronic mail and electronic mail forwarding services
Audio and video communication via computers and computer networks, and via a global communications network
Providing computer access and leasing access time to online interactive bulletin boards and databases
Providing access to electronic bulletin boards for the posting and transmission of messages among and between computer users concerning products, services and business opportunities
Providing access to electronic calendar, address book and electronic notebook, via local and global computer networks
Providing direct connection services between computer users for exchanging data
Provision of telecommunication access and links to computer databases and to the internet
Internet broadcasting services
Providing an online database of information regarding web-based broadcasting complaint submission platform
Provision of telecommunication access and links to computer databases and to the internet
Electronic communication services
Interactive telecommunications services
Telecommunication of information (web pages), computer programs and data
Providing telecommunications connections to the Internet or data bases
Provision of telecommunication access to world-wide web facilities and structures
Communication by computer terminals
Communication by fibre optic networks
Computer aided transmission of messages, information, data, documents and images
Data communication services by electronic means
Electronic exchange of voice, data, audio, video, text and graphics accessible via computer and telecommunication networks
Instant messaging services
Mobile phone communication services
Collection, transmission and delivery of data by electronic means
Collection, transmission and delivery of mail messages, still picture and/or moving picture information such as characters, messages, music and images, telegrams, information and data by mechanical, electronic, telephone, telex, cable, computer and satellite means
Transmission, broadcast and reception of audio, video, still and moving images and data whether in compressed or uncompressed form and whether in real or delayed time
Electronic messaging, conferencing and order-transmission services
Video conferencing services
Communication by electronic bulletin board that enables users to perform a real-time interactive talk between a computer terminal and an electronic bulletin board containing still picture and moving picture information and voice information such as characters
Providing on-line electronic bulletin boards for transmission of messages among computer users
Provision of online discussion forums
Communication services, namely, text and numeric digital messaging services
Transmission of information by data communications for assisting decision making
Transmission of information through video communication systems
Web conferencing services
Providing distant video and/or telephone conferencing access and facilities
Consultancy services in the field of secure data and information transmission services
Provision of electronic data links
Facsimile transmission
Message sending
Paging services
Rental of modems
Rental of telecommunication equipment
Electronic message sending, receiving and forwarding services
Television broadcasting services
Broadcasting of radio and television programmes
Transmission of radio and television programmes
Music broadcasting
Transmission of music, films, interactive programmes, videos, electronic computer games
Transmission of information relating to online shopping and general retail services
Video-on-demand transmission services
News agency services
Consultancy, information and advisory services relating to the aforesaid services
All the aforementioned goods/services not relating to articles of clothing, headgear, footwear, women's fashion, fashion accessories.
The mark was filed in class 39 with following description of goods:
Transport
Packaging and storage of goods
Travel arrangement
Physical storage of electronically stored data or documents
Physical storage of electronically stored data or documents
Transportation information
Transport brokerage
Transportation logistics
Transport of goods
Transport of passengers
Packing
Ship brokerage
Car transport
Air transport
Armoured-car transport
Vehicle rental
Message delivery
Transport by pipeline
Delivery of goods by mail order
Courier services [messages or merchandise]
Transport services in the nature of transport management
Car rental services
Car parking services
Organization of travel and boat trips
Booking agency services for travel
Agency services for arranging travel
Travel reservation services
Travel information services
Travel ticket agency services
Arranging travel and information therefor, all provided on-line from a computer database or the Internet
Provision of information relating to travel and tourism through the Internet or through telecommunication networks
Providing driving directions for travel purposes
Arranging of cruises
Arranging of transportation for travel tours
Booking of seats for travel
Escorting of travellers
Transport services for sightseeing tours
Arranging of passenger transportation services for others via an online application
Travel reservation
Providing road and traffic information
Chauffeur services
Loading and unloading of cargo
Freight brokerage
Removal services
Brokerage for rental, leasing, selling, purchasing and/or chartering of ships and/or boats
Salvage and refloating of ships and/or boats
Piloting
Gas supplying [distribution]
Electricity distribution and supply
Heat supplying [distribution]
Water supplying
Water distribution and supply
Mooring facility services
Rental of warehouses
Providing flying areas
Providing toll road
Rental of wheelchairs
Car parking
Management of parking spaces
Rental of airplanes
Container leasing
Rental of containers
Rental of bicycles
Providing information relating to bicycle rental services
Car rental
Leasing of ships
Boat rental
Rental and/or leasing of man-powered vehicles
Rental of mechanical parking systems
Providing information relating to the rental of mechanical parking systems
Rental of pallets
Leasing of pallets for industrial and commercial use
Rental of packing or wrapping machines and apparatus
Rental of refrigerators
Rental of refrigerated storage
Collection of domestic waste
Collection of industrial waste
Rental of navigational systems
Aircraft rental
Cash replenishment of automated teller machines
Chauffeur services
Collection of recyclable goods [transport]
Delivery of goods
Delivery of newspapers
Distribution of energy
Flower delivery
Franking of mail
Freight [shipping of goods]
Garage rental
Gift wrapping
Horse rental
Launching of satellites for others
Luggage storage
Motor coach rental
Parcel delivery
Parking place rental
Refrigerator rental
Rental of freezers
Rental of motor racing cars
Rental of storage containers
Rental of tractors
Rental of vehicle roof racks
Rental of wheelchairs
Replenishment of vending machines
Rescue operations [transport]
Salvaging
Taxi transport
Towing
Traffic information
Transport reservation
Wrapping of goods
Consultancy, information and advisory services relating to the aforesaid services.
The mark was filed in class 41 with following description of goods:
Education
Providing of training
Entertainment
Sporting and cultural activities
Publication of texts, books and journals (others than publicity texts)
Publication of diagrams, images and photographs
Publication of newspapers, magazines and periodicals
Education, training and instruction services relating to telecommunications, computers, computer programs, cloud computing, web site design, e-commerce, business management, financial management and advertising
Provision of education, recreation, instruction, tuition and training both interactive and non-interactive
Design of educational courses, examinations and qualifications
Entertainment provided via electronic and digital interactive media
Online computer game services
Electronic games services provided by means of the Internet
Provision of information relating to education, training, entertainment, recreation, sporting, social and cultural activities
Arranging, organizing, hosting and conducting singing competitions
Arranging, organizing, hosting and conducting concerts
Arranging, organizing, hosting and conducting events and competitions for education or entertainment purposes
Arranging, organizing, hosting and conducting game shows and quests
Entertainment ticket agency services
Information relating to entertainment or education, provided online from a computer database or the Internet
Providing digital music (not downloadable) from the Internet
Providing digital music (not downloadable) from MP3 (Moving Picture Experts Group-1 audio layer 3) Internet web sites
Providing video games, computer games, sound or images, or movies through telecommunication or computer networks
Providing online computer games and contests
Computer game services provided on-line from a computer database
Video game entertainment services
Gaming services for entertainment purposes
Providing online videos, not downloadable
Provision of on-line electronic publications streaming from the Internet or on a computer network or a computer database
Entertainment and education services relating to planning, production and distribution of sound, images, digital music, movies, live or recorded audio, visual or audiovisual material for broadcasting on terrestrial cable, satellite channels, the Internet, wireless or wire-link systems and other means of communications
Music entertainment services
Rental of sound recordings
Preparation of entertainment, educational, documentary and news programmes for broadcasting
News reporters' services
Information relating to sporting or cultural events, current affairs and breaking news provided by satellite television transmission, the Internet or by other electronic means
Television, radio and film production
Preparation and production of television programmes
Provision of information, data, graphics, sound, music, videos, animation and text for entertainment purpose
Game services
Provision of club recreation, sporting and gymnasium facilities
Live band performances
Club entertainment, discotheque, fashion show and night club services
Club services relating to entertainment, education and cultural services
Arranging, conducting and provision of conferences, conventions, congresses, seminars and training workshops
Arranging, conducting and provision of conferences, conventions, congresses, seminars and training workshops in relation to telecommunications, computers, computer programs, cloud computing, web site design, e-commerce, business management, financial management and advertising
Organizing and conducting exhibitions, fashion shows, educational shows and cultural shows and performances
Art exhibition and gallery services
Art gallery services relating to fine arts leasing
Training services in relation to occupation health and safety, and environmental conservation
Provision of cigar classes, wine tasting classes
Providing education information about research materials and agency thereof
Arranging, organizing, planning and management of seminars
Animal training
Direction in producing broadcasting programs
Instructional services relating to operation of machines and equipment, including audiovisual equipment, used for the production of broadcasting programs
Providing audio and visual studios
Providing sports facilities
Providing facilities for movies, shows, plays, music or educational training
Booking agencies for entertainment
Rental and leasing of motion pictures (cine -films)
Rental and leasing of musical instruments
Rental and leasing of television programmes
Rental and leasing of television sets
Lending libraries
Archive library services
Subtitling services
Sign language interpretation services
Rental of pre-recorded video tapes
Rental and leasing of game machines
Lending of arcade game equipment
Lending of pictures
Photography
Translation
Language interpretation
Educational and training programs in the field of risk management
Educational and training programs relating to certification
Provision of news
Lottery services
Tutoring
Consultancy, information and advisory services relating to the aforesaid services
All the aforementioned goods/services not relating to articles of clothing, headgear, footwear, women's fashion, fashion accessories.
The mark was filed in class 42 with following description of goods:
Scientific and technological services and research and design relating thereto, industrial analysis and research services
Design and development of computer hardware and software
Research and development relating to semi-conductor, semi-conductor integrated circuits, semi-conductor memory chips, semi-conductor memory controllers, semi-conductor memory integrated circuits, semi-conductor processor chips, semi-conductor processors, microcontrollers, microcontroller units, low power microcontrollers, circuit chips
Research and development relating to computer chips, CPU (central processing unit), RISC-V computer chips and central processing units, computer chips and central processing units with instruction set architecture
Software as a service (SaaS)
Computer services in connection with transmitting information, data, documents, and images over the Internet
Application service provider (ASP) services, namely, hosting computer software applications of others
Application service provider (ASP) services providing software in the fields of web-based conferencing, audio conferencing, electronic messaging, document collaboration, video conferencing, and voice and call processing
Providing online non-downloadable software for facilitating the interoperability of multiple software applications
Technical support services relating to computer software and applications provided online, by email and by telephone
Computer services, namely, creating an online community for registered users to participate in discussions, get feedback from their peers, form virtual communities, engage in social networking, and exchange documents
Computer technology advice provided to Internet users by means of a support hotline
Computer service relating to creating indexes of information, sites and resources on computer networks
Providing search engines
Design of computers, notebook computers, laptop computers, portable computers and handheld computers
Design of personal digital assistants and personal media players
Design of mobile telephones and smart phones
Design of digital cameras
Computer services
Computer programming
Computer integration services
Computer analysis services
Computer programming in relation to the defence against virus
Computer system software services
Computer software design
Design, development, updating and upgrading of computer and video games software
Computer system design
Designing and developing web pages
Hosting webpages for others
Hosting computer application software for searching and retrieving information from databases and computer networks
Providing technical information at the specific request of end-users by means of telephone or global computer network
Consultancy services in relation to computer software
Computer services relating to customized searching of computer databases and websites
Computer and electronic signal coding and decoding
Conversion of physical data and documents into electronic media format
Testing and evaluation services
Design services for architecture
Interior designs of buildings, offices and apartments
Computer information services
Network information services, namely, providing technical information relating to computers and networks in the field of business and e-commerce
Provision of computer security risk management programs
Computer security information, knowledge, and testing services
Quality assurance services
Computer services relating to certification of business transactions and preparation of reports therefor
Access control to (security services for-) computers, electronic networks and databases
Security of data transmission services and of transactions via computer networks services
Computerized communication network security services
Providing information in the fields of Internet, world wide web and computerized communication network security and the secure transmission of data and information
Consulting services in the fields of Internet, world wide web and computerized communication network security services, information security services
Authentication services for computer security
Online authentication of electronic signatures
Off-site data backup
Providing information on computer technology and programming via a web site
Cartography services
Cloud computing
Cloud hosting provider services
Providing temporary use of non-downloadable cloud-based software and cloud computing software
Electronic storage of data
Providing virtual computer systems and virtual computer environments through cloud computing
Rental of entertainment software
Providing on-line non-downloadable computer software and computer applications for streaming audio materials, video materials, videos, music and images
Consultancy, information and advisory services relating to the aforesaid services
All the aforementioned goods/services not relating to articles of clothing, headgear, footwear, women's fashion, fashion accessories.
The mark was filed in class 45 with Dating agency services and Online social networking services..