The trademark METAWEARZ was filed by CREALIZE GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant") and Kickz.com GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on March 28, 2022, and received one opposition filed on June 28, 2022 by RTFKT Inc. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Stobbs Ireland Limited and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 28, 2022
The application was filed in German, and German 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:
Virtual and augmented reality software
Games software
Application software
Computer software
Computer software for mobile phones
Computer software platforms
Software for mobile phones
Interactive databases
Downloadable cryptographic keys for receiving and spending crypto assets
Data sets, recorded or downloadable
Databases (electronic)
Downloadable computer software for blockchain technology
Downloadable computer software for managing cryptocurrency transactions using blockchain technology.
The mark was filed in class 14 with Jewels.
The mark was filed in class 18 with Luggage, bags, wallets and other carriers and Bags for sports..
The mark was filed in class 25 with following description of goods:
Basketball sneakers
Leisure shoes
Sports shoes
Headgear
Clothing
Parts of clothing, footwear and headgear
Footwear
Football shoes
Football jerseys.
The mark was filed in class 28 with following description of goods:
Sporting and physical exercise equipment
Basketball baskets
Basketball nets
Basketballs
Soccer balls
Toys, games, and playthings.
The mark was filed in class 36 with Financial transactions via blockchain and Electronic funds transfer provided via blockchain technology..
The mark was filed in class 41 with following description of goods:
Basketball instruction
Rental of basketball courts
Basketball camps
Organising of basketball tournaments
Entertainment in the nature of basketball games
Production of basketball games and exhibitions
Organization, arranging and conducting of basketball games
Education, entertainment and sports
Ticket reservation and booking services for education, entertainment and sports activities and events
Education, entertainment and sport services
Organisation of sports events in the field of football
Services for the organisation of football events.
The mark was filed in class 42 with following description of goods:
Consultancy in the field of technological design
Advisory services relating to computer systems design
Computer aided design services
Design of computer-simulated models
Computer system design
Design for others in the field of clothing
New product design
Design services relating to model making for entertainment purposes
Constructing an internet platform for electronic commerce
Design and development of new products
Creating electronically stored web pages for online services and the internet
Graphic design
Commercial design services
Software development, programming and implementation
IT consultancy, advisory and information services
Data storage via blockchain
User authentication services using blockchain technology