The trademark CHALLENGER was filed by Next Level Racing Simulations Pty Ltd, a corporation established under the laws of the Commonwealth of Australia (the "Applicant"). The application was published for oppositions on June 16, 2021, and received one opposition filed on July 13, 2021 by F. Smit Holding B.V. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by ARNOLD & SIEDSMA and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 13, 2021
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Apparatus, equipment and devices for simulating driving, racing and flying
Simulators, including for simulating the operation of aircraft, space vehicles and motor vehicles
Simulators for training personnel in the flying of aircraft and space vehicles and the driving of vehicles
Flight simulators, including for aircraft, space vehicles and civil aviation purposes
Transducers, including electromechanical transducers for converting electrical signals into corresponding mechanical vibrations
And parts, fittings and accessories for the aforesaid goods.
The mark was filed in class 28 with following description of goods:
Apparatus for electronic games
Apparatus for gaming
Video game apparatus
Seats, steering wheels, pedals and gear sticks for use in relation to video games
Simulation video game apparatus, including in relation to driving, racing and flying
And parts, fittings and accessories for the aforesaid goods.