The trademark Bored Ape Yacht Club was filed by Be-Berlin Properties GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on March 24, 2022, and received one opposition filed on June 26, 2022 by Yuga Labs, Inc. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Abion Ireland Limited and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 26, 2022
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 35 with following description of goods:
Affiliate marketing
Advice in the field of business management and marketing
Marketing the goods and services of others
Outdoor advertising
Presentation of companies on the Internet and other media
Production of advertising matter and commercials
Promoting the goods and services of others over the Internet
Promoting the goods and services of others through advertisements on Internet websites
Promotion, advertising and marketing of on-line websites
Promotional marketing
Promotional marketing services using audiovisual media
Publication of printed matter for advertising purposes
Publication of printed matter for advertising purposes in electronic form
Real estate marketing
Targeted marketing.
The mark was filed in class 36 with following description of goods:
Computerised information services relating to real estate
Commercial real estate agency services
Corporate real estate advisory services
Domestic property finding services
Estate agency
Estate agency services for sale and rental of businesses
Consultancy in the purchasing of real estate
Real estate management
Real estate management services relating to building complexes
Real estate management services relating to commercial buildings
Real estate management services relating to housing estates.