The trademark CACTUS JACK was filed by CACTUS JACK PUBLISHING, LLC, a Limited Liability Company (the "Applicant"). The application was published for oppositions on October 27, 2021, and received one opposition filed on January 26, 2022 by ESEA SK, s.r.o. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 26, 2022
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Change of name and professional address of the trademark registration was recorded on August 2, 2023. Change of name and professional address of the trademark registration was recorded on October 2, 2024.
The Opposition with reference B 003162998 was rejected according to Article 8(1)(a) EUTMR with decision issued on November 9, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Recorded content
Media content
Audio and video recordings
Musical recordings
Musical video recordings
Downloadable musical recordings
Downloadable video recordings
Music (downloadable) provided from the Internet
Digital audio and video files downloadable from the Internet
Downloadable musical sound recordings and ringtones
Downloadable video recordings featuring music
Apparatus for recording, transmission or reproduction of sound images
Musical recordings in the form of discs
Sound recording carriers
Data carriers
Gramophone records
Compact discs
Audio tapes, cassettes and cartridges
Video tapes, cassettes and cartridges
Magnetic tapes and discs for bearing sound or video recordings
Optical discs bearing sound or video recordings
CD-ROMs
DVD's
Digital films
Audio and audio video tapes and discs, CDs, DVDs, laser discs, and phonograph records, all featuring music and artistic performances
Video games
Eye glasses, sunglasses and spectacles
Cases for eye glasses, sunglasses and spectacles
Protective covers and cases for cell phones, laptops and portable media players.
The mark was filed in class 14 with following description of goods:
Jewelry
Jewelry, namely, dog tags for wear by humans for decorative purposes
Charms, chokers, and pendants
Lapel pins
Body-piercing rings and studs
Ear studs
Ear clips
Tie pins
Tie clips
Tie bars
Tie tacks
Tie fasteners
Cuff-links
Shirt studs
Badges of precious metal
Jewelry chains
Jewelry pins for use on hats
Hat ornaments of precious metal
Jewelry boxes and cases
Key chains of precious metals
Watches and clocks
Watch bracelets
Watch accessories, namely, parts of watches
Wristwatches
Pocket watches
Stop watches
Watch straps and bands
Watch chains and fobs
Watch cases
Watch boxes
Clocks
Alarm clocks
Clocks incorporating radios
Wall clocks
Timepieces
Boxes for timepieces
Figurines, sculptures, busts, figures, statues, statuettes and bottle closures, all of the foregoing of precious metal
Leather key chains.
The mark was filed in class 18 with following description of goods:
The mark was filed in class 25 with following description of goods:
Clothing
Footwear
Headgear.
The mark was filed in class 41 with following description of goods:
Education
Providing of training
Entertainment
Sporting and cultural activities
Entertainment services, namely, conducting entertainment exhibitions in the nature of live musical performance tours and music festivals
Entertainment services, namely, presentation of live and on-line non-downloadable video in the nature of show performances featuring music and musical performances
Planning, arranging, organizing and conducting of shows featuring musical performances
Planning, arranging, organizing and conducting of musical performances on a tour basis
Entertainment in the nature of live performances by a musical artist, musical group and musical band
Entertainment in the nature of live visual and audio performances by a musical artist, musical group and musical band
Entertainment services, namely, providing a web site featuring non-downloadable musical performances, musical videos, related film clips, photographs, and other multimedia materials featuring music and entertainment
Digital music (not downloadable) provided from the internet
Fan club services
Providing a website with entertainment information regarding musical groups, musicians, musical sound recordings, music videos, tour schedules, music performance, ticket information and music
Entertainment in the nature of live traveling tours by a professional entertainer, musical group and musical band featuring music
Audio, video and multimedia production
Record production
Music production
Motion picture song production
Production of video discs for others
Music composition and transcription for others
Song writing services
Music publishing services
Music concerts
Television and radio entertainment services
Presentation, production and performance of shows, musical shows, concerts, videos, multimedia videos and radio and television programmes
Recording, film, video and television studio services
Audio, film, video and television recording services
Publishing
Music publishing
Sound recording, film and video production and distribution services.