The trademark application GEMHEART was filed by Ingrida Laukiene, a national of the Republic of Lithuania (the "Applicant") and William Eng, a national of the United States of America (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on February 26, 2023, and it was registered by office on June 5, 2023 without any oppositions.
The application was filed in English (Spanish was selected as the second language).
The Refusal with reference B 018678234 was partially rejected according to Article 7(1)(b) EUTMR with decision issued on November 6, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Downloadable cryptographic keys for receiving and spending cryptocurrency
Downloadable cryptographic keys for receiving and spending crypto assets
Downloadable computer software for managing cryptocurrency transactions using blockchain technology
Utility, security and cryptography software
Cryptography software
Animated films
Downloadable films
Motion picture films
Animated cartoons in the form of cinematographic films
Computer games
Games software
Downloadable electronic games
Downloadable computer games
Video games software
Computer games programs
Virtual reality games software
Video games [computer games] in the form of computer programs recorded on data carriers
Downloadable interactive entertainment software for playing video games
Virtual reality software for playing virtual reality games
Interactive casino games provided through a computer or mobile platform
Downloadable software in the nature of a mobile application for playing games
Multifunction cards for financial services.
The mark was filed in class 25 with following description of goods:
Costumes for use in role-playing games
Clothing
Jerseys [clothing]
Children's clothing
Articles of clothing for theatrical use
Clothing for men, women and children.
The mark was filed in class 28 with following description of goods:
Games
Electronic games
Trading card games
Role playing games
Trading cards for games
Toys, games, and playthings
Games relating to fictional characters
Scratch cards for playing lottery games
Toys
Action toys
Plush toys
Stuffed toys
Smart toys
Fantasy character toys
Dolls' clothing accessories
Articles of clothing for dolls.
The mark was filed in class 36 with following description of goods:
Financial exchange of crypto assets
Electronic transfer of crypto assets
Financial services
Computerised financial services
Financial payment services
Financial savings services
Financial loan services
Financial credit services
Financial exchange services
Financial and monetary services
Financial services provided by electronic means
Financial services in relation to digital currencies
Financial services provided over the telephone and by means of a global computer network or the internet
Financial services relating to the provision of vouchers for the purchase of goods.
The mark was filed in class 38 with Broadcasting of motion picture films via the Internet and Transmission of videos, movies, pictures, images, text, photos, games, user-generated content, audio content, and information via the Internet..
The mark was filed in class 41 with following description of goods:
Production of films for entertainment purposes
Film production for entertainment purposes
Shows and films production
Providing films, not downloadable, via video-on-demand services
Providing entertainment in the nature of film clips via a website
Providing films, not downloadable, via video-on-demand transmission services
Internet games (non-downloadable)
On-line computer games
Providing on-line interactive computer games
Conducting multiple player games of chance
Entertainment services in the nature of video games
Electronic games services provided by means of the internet
Providing interactive multi-player computer games via the internet and electronic communication networks.
The mark was filed in class 45 with following description of goods:
Licensing of rights to films, television and video productions
Licensing of rights relating to films
Licensing of trademarks
Cartoon character licensing
Licensing of computer games
Licensing of printed matter
Licensing of rights relating to television, video and radio programs, productions and formats
Licensing of rights relating to the use of photographs