The trademark VIVERSE was filed by HTC CORPORATION, a corporation established under the laws of Taiwan, Republic of China (the "Applicant"). The application was published for oppositions on September 28, 2022, and received undefined oppositions.
Opposition Proceedings
There are undefined Oppositions claimed against trademark.
The first opposition filed on December 22, 2022 by ViViVerse GmbH on Likelihood of confusion. the opponent was represented by LK SHIELDS SOLICITORS LLP and its proceedings were handled in English The second opposition filed on October 20, 2022 by Vive Technology B.V. on Likelihood of confusion. the opponent was represented by RISE and its proceedings were handled in English
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:
Computer software, not being driver software for technical apparatus
Computer software development tools, not being driver software for technical apparatus
Computer software for metaverse service, not being driver software for technical apparatus
Augmented reality software, not being driver software for technical apparatus
Virtual reality software, not being driver software for technical apparatus
Extended reality (XR) software, not being driver software for technical apparatus
Mixed reality software, not being driver software for technical apparatus
Communication software, not being driver software for technical apparatus
Networking and social networking software, not being driver software for technical apparatus
Computer software relating to the handling of financial transactions, not being driver software for technical apparatus
E-commerce and e-payment software
Computer software for electronic trading of virtual currency
Computer application software for metaverse experience, augmented reality experience, virtual reality experience, extended reality (XR) experience, not being driver software for technical apparatus
Computer application software for mixed reality experience, not being driver software for technical apparatus
Software featuring libraries for metaverse, augmented reality, extended reality (XR) and mixed reality, not being driver software for technical apparatus
Applications software for the creation, production and modification of avatars, digital designs, digital art, digital characters, digital spaces, digital objects, virtual goods, virtual assets, digital assets, digital items, digital collectibles and metaverse environments and virtual online environments
Downloadable computer software, not being driver software for technical apparatus, relating to avatars, digital designs, digital art, digital characters, digital spaces, digital objects, virtual goods, virtual assets, digital assets, digital items, digital collectibles and metaverse environments and virtual online environments
Downloadable software, not being driver software for technical apparatus, for providing access to a metaverse and an online virtual environment
Downloadable software for virtual money
Downloadable computer software for use as an electronic wallet
Downloadable computer software for use as a digital token wallet
Downloadable computer software for use as a crypto token wallet
Downloadable software, not being driver software for technical apparatus, for enabling users to electronically create, store, exchange, send, receive, accept, and transmit digital tokens
Computer e-commerce software for dealing with non-fungible tokens (NFTs), fungible crypto tokens, digital collectibles, digital tokens, digital currency
Downloadable data (not being driver software for technical apparatus), image, music, audio/video files, multimedia files (not being driver software for technical apparatus), including NFT files
Downloadable virtual goods, namely virtual animals, avatars, clothing, footwear, eyewear, bags, fashion accessories, furniture, art, toys, jewellery, cosmetics, vehicles, tableware, bed covers, computers, televisions, smartphones, handheld communication devices, intercommunication apparatus, electric ceramic cooker, induction cooker, rice cooker, air fryer, bread maker, toaster, microwave oven, oven, electric kettle, water dispenser, juice maker, coffee maker, soybean milk maker, blender, refrigerator, range hood, dishwasher , disinfecting cupboards, food waste disposers, electric lights, water heaters, electric toothbrushes, electric shavers, Ion clips, washing machines, clothes dryers, Irons, air conditioners, heaters, dehumidifiers, humidifiers, air purifiers, electric blankets, vacuum cleaners, robot vacuums, electric sewing machines, lawn mower, stereo, video game console, telephone, tablet PCs, mobile phones, digital Cameras, walkmans, electronic dictionaries, hardware equipment for audio and video players, buildings, pets, weapons, tools, toys, emotes, gestures, stones, scenery, landscape, plants for use online and in online virtual worlds
Computer software for use as an application programming interface (API), not being driver software for technical apparatus
Computer software for use as an application programming interface (API) for non-fungible tokens (nft), fungible crypto tokens, digital collectibles, digital tokens, digital currency
Computer software for use as an application programming interface (API) for electronic walles, digital token wallets, crypto token wallets
Downloadable electronic publications in the fields of computer software not being driver software for technical apparatus, the metaverse, augmented reality, virtual reality, extended reality (XR), mixed reality, digital designs, digital art, digital characters, digital spaces, digital objects, virtual goods, virtual assets, digital assets, digital items, digital collectibles, non-fungible tokens (NFTs), fungible crypto tokens, digital collectibles, digital tokens, digital currency.
The mark was filed in class 35 with following description of goods:
Advertising
Marketing
Advertising and marketing in the fields of computer software, the metaverse, augmented reality, virtual reality and mixed reality
Providing a metaverse where advertisers, marketers, and content providers can interact with online users for purposes of promotion or advertising
Providing a website with an online marketplace
Operating online marketplaces relating to the purchase and sales of virtual goods and virtual assets
Providing an on-line decentralized marketplace for buyers and sellers of goods and services
Providing a website with an online decentralized marketplace for exchanging goods and services with other users
Retail store services in relation to virtual goods, namely, virtual animals, avatars, clothing, footwear, eyewear, bags, fashion accessories, furniture, art, toys, jewellery, cosmetics, vehicles, tableware, bed covers, computers, televisions, smartphones, handheld communication devices, intercommunication apparatus, electric ceramic cooker, induction cooker, rice cooker, air fryer, bread maker, toaster, microwave oven, oven, electric kettle, water dispenser, juice maker, coffee maker, soybean milk maker, blender, refrigerator, range hood, dishwasher , disinfecting cupboards, food waste disposers, electric lights, water heaters, electric toothbrushes, electric shavers, Ion clips, washing machines, clothes dryers, Irons, air conditioners, heaters, dehumidifiers, humidifiers, air purifiers, electric blankets, vacuum cleaners, robot vacuums, electric sewing machines, lawn mower, stereo, video game console, telephone, tablet PCs, mobile phones, digital Cameras, walkmans, electronic dictionaries, hardware equipment for audio and video players, buildings, pets, weapons, tools, toys, emotes, gestures, stones, scenery, landscape, plants for use online and in online virtual worlds
Conducting of online or offline trade fairs and events in the fields of computer software, the metaverse, augmented reality, virtual reality, extended reality (XR), mixed reality, digital designs, digital art, digital characters, digital spaces, digital objects, virtual goods, virtual assets, digital assets, digital items, digital collectibles, non-fungible tokens (NFTs), fungible crypto tokens, digital collectibles, digital tokens, digital currency.
The mark was filed in class 36 with following description of goods:
Financial services
Virtual currency transfer services
Virtual currency services
Virtual currency exchange
Financial exchange of crypto assets
Management of crypto assets
Electronic transfer of crypto assets
E-wallet payment services
Electronic payment services.
The mark was filed in class 38 with following description of goods:
Providing access to computer, electronic and online databases
Telecommunications services, namely providing access to content, websites and portals
Voice over Internet Protocol [VoIP] communication services
Video communication services
Video-on-demand transmission services
Video broadcasting
Streaming of audio material (XR) on the internet
Streaming of video material (XR) on the internet
Electronic transmission and streaming of digital media content for others via global and local computer networks
Providing virtual facilities for real-time interaction among computer users
Providing online facilities for real-time interaction with other computer users
Providing virtual facilities for users to share information, photos, audio and video content, to communicate with their peers, to form virtual communities, to engage in social networking, to hold business meetings, to hold events, all the aforementioned also in relation to business meetings and events.
The mark was filed in class 41 with following description of goods:
Education, training and entertainment
Education services related to metaverse, augmented reality, virtual reality, extended reality (XR), mixed reality
Providing of interactive entertainment experiences for computers and mobile applications reproduced on computer networks and global communication networks using metaverse, augmented reality, virtual reality, extended reality (XR) and mixed reality applications for entertainment purposes
Conducting of online or offline educational services, seminars, in the fields of computer software, the metaverse, augmented reality, virtual reality, extended reality (XR), mixed reality, digital designs, digital art, digital characters, digital spaces, digital objects, virtual goods, virtual assets, digital assets, digital items, digital collectibles, non-fungible tokens (NFTs), fungible crypto tokens, digital collectibles, digital tokens, digital currency
Providing online digital publications and digital art in the form of non-exchangeable tokens (NFT).
The mark was filed in class 42 with following description of goods:
Computer programming, not being or for driver software for technical apparatus
Development, design and programming of computer hardware, in particular including technologies in the fields of metaverse, augmented reality, virtual reality, extended reality (XR), mixed reality
Development, design and programming of computer software, in particular including technologies in the fields of metaverse, augmented reality, virtual reality, extended reality (XR), mixed reality, not being or for driver software for technical apparatus
Computer services, in particular the creation of virtual platforms and communities for users to participate in business meetings and events, not being or for driver software for technical apparatus
Providing of virtual spaces [hosting]
Design, scientific and technological services relating to non-fungible tokens (NFTs) enabling the authenticity, ownership, availability and trading of digital assets and creations on computer software platforms
Providing a metaverse where advertisers, marketers, and content providers can interact with online users for purposes of promotion or advertising.
The mark was filed in class 45 with following description of goods:
Online social networking services
Internet-based social networking services
Online social networking services accessible by means of downloadable mobile applications
Licensing services
Licensing of intellectual property and copyright
Licensing of intellectual property and copyright relating to digital collectibles, digital tokens, digital files, financial transactions, images, sound recordings, video recordings, and virtual objects.