The trademark DR SKY was filed by Anja Gschoederer, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on April 12, 2022, and received one opposition filed on July 12, 2022 by Sky International AG on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by CMS CAMERON MCKENNA NABARRO OLSWANG POSNIAK I BEJM SP.K. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 12, 2022
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Talking books
E-books
Audio books
Electronic book readers
Digital book readers
Downloadable electronic books
Downloadable e-books
Electronic book reader covers
Books recorded on disc
Books recorded on tape
Digital books downloadable from the Internet
Downloadable series of children's books
Apparatus and instruments for processing data
Apparatus and instruments for reproducing of data
Apparatus for recording data
Apparatus for recording images
Apparatus for recording information
Computer programmes
Computer programmes for interactive television and for interactive games and/or quizzes
Computer programmes for playing games
Computer programming software
Computer programs
Computer programs, downloadable
Computer software
Computer software for education
Computer software for entertainment
Mobile apps
Computer apparatus
Application software
Software applications
Downloadable applications
Mobile app's
Data storage apparatus
Mobile data apparatus
Downloadable software applications
Educational computer applications
Educational tablet applications
Downloadable mobile applications
Computer software applications
Educational mobile applications
Application software for smart phones
Application software for mobile phones
Web application and server software
Downloadable software applications for mobile phones.
The mark was filed in class 16 with following description of goods:
3D decals for use on any surface
3D wall art made of card
3D wall art made of paper
Activity books
Address books
Adhesive note paper
Adhesive note pads
Adhesive paper
Adhesive plastic film for wrapping
Adhesive plastic film for packaging
Adhesive plastic film used for mounting images
Adhesive printed labels
Adhesive stickers
Adhesives for art use
Advertisement boards of card
Advertisement boards of paper
Advertising pamphlets
Advertising posters
Advertising publications
Agenda books
Agendas
Albums
Albums for stickers
Almanacs
Announcement cards
Announcement cards [stationery]
Appointment books
Apparatus for mounting photographs
Art mounts
Art pictures
Art prints
Artists' pencils
Arts and craft paint kits
Arts, crafts and modelling equipment
Autograph books
Baby books [storybooks]
Bags and articles for packaging, wrapping and storage of paper, cardboard or plastics
Ball pens
Ball-point pen and pencil sets
Banners of paper
Binders
Binding materials for books and papers
Birthday books
Birthday cards
Blank cards
Blank journals
Blank journal books
Blank note cards
Blank paper notebooks
Block notepads
Blocks for printing
Book covers
Book jackets
Book markers
Book marks
Book wrappings
Bookbinding covers
Bookends
Booklets
Bookmarkers
Bookmarks
Books
Books featuring fantasy stories
Books featuring fictional stories
Books for children
Brochures
Bumper stickers
Business cards
Calendar desk pads
Calendar refills
Calendar stands
Calendars
Canvas prints
Cardboard boxes
Cards
Carrier bags
Cartoon prints
Cartoon strips
Cartoon strips [printed matter]
Cases for passports
Cases for pens
Cases for stationery
Charts
Children's activity books
Children's books
Children's books incorporating an audio component
Comics
Printed comics
Children's storybooks
Christmas cards
Coffee table books
Collages
Collectable cards
Collector albums
Color prints
Coloring books
Coloring books for adults
Colouring books
Colouring crayons
Colouring pencils
Colouring pens
Comic books
Comic magazines
Comic strips
Commemorative books
Commemorative postage stamps
Commemorative stamp sheets
Copy books
Copybooks
Covering materials for books
Covers for books
Decorative wrapping paper
Desk agendas
Desk calendars
Desk diaries
Desk mats
Diagrams
Diaries
Diaries [printed matter]
Drawing books
Drawing pads
Drawings
Educational and instructional material
Educational books
Educational publications
Event albums
Exercise books
Fantasy books
Fiction books
Figurines made from cardboard
Figurines made from paper
Figurines of papier mâché
Figurines [statuettes] of papier mâché
File binders
Fine art prints
Flash cards
Flipcharts
Flyers
Gift books
Gift cards
Graphic art books
Graphic art prints
Graphic art reproductions
Graphic prints
Graphic prints and representations
Graphic representations
Greeting cards
Guest books
Guide books
Hand books
Handbooks
Hymn books
Illustrated notepads
Inflight magazines
Information booklets
Information books
Informational sheets
Invitation cards
Invitations
Jackets of paper for books
Journals
Leaflets
Magazines
Magazines [periodicals]
Manuscript books
Memo blocks
Memo pads
Memorandum books
Mini photo albums
Mounted posters
Newsletters
Newspapers
Non-fiction books
Note books
Note cards
Note pad holders
Note pads
Note paper
Notebooks
Notelets
Notepads
Notepaper
Pads of paper
Painting books
Paintings
Pamphlets
Paper
Papier mache statuettes
Periodical magazines
Periodical publications
Periodicals
Personal organisers
Photo albums
Photo albums and collectors' albums
Photo-engravings
Photo prints
Photograph albums
Photographic albums
Photographic or art mounts
Photographic prints
Photographic reproductions
Photographs
Photographs [printed]
Pictorial prints
Picture books
Picture cards
Picture postcards
Pictures
Pocket calendars
Pocket notebooks
Pop-up books
Pop-up greetings cards
Portraits
Post cards
Postcards
Postcards and picture postcards
Poster books
Poster magazines
Posters
Prayer books
Printed books
Printed booklets
Printed calendars
Printed cards
Printed educational materials
Printed flyers
Printed information sheets
Printed invitations
Printed leaflets
Printed matter
Printed matter, and stationery and educational supplies
Printed newsletters
Printed pamphlets
Printed periodical publications
Printed periodicals
Printed periodicals in the field of figurative arts
Printed photographs
Printed publications
Printed stories in illustrated form
Printed teaching activity guides
Printed teaching materials
Printed teaching material
Printed visuals
Printing and bookbinding equipment
Professional magazines
Promotional publications
Prints in the nature of pictures
Reference books
Religious books
Reproductions (Graphic -)
Resource books
Scrap books
Scrapbook albums
Scrapbook pages
Scrapbooks
Sculptures made from papier mache
Signature books
Signed photographs
Sketch books
Sketchbooks
Sketches
Song books
Souvenir event programs
Souvenir programmes
Stationery
Stationery and educational supplies
Statuettes of papier mache
Sticker activity books
Story books
Storybooks
Thank you cards
Wall calendars
Weekly planners
Works of art and figurines of paper and cardboard, and architects' models
Year planners
Paper bags
Gift bags
Bags of paper
Bags made of paper
Plastic bags for general use
Plastic bags for household use
Plastic bags for wrapping and packaging
Printed luggage labels
Folders
Folders [stationery]
Stationery folders
Correspondence folders
File folders
Presentation folders
Files [stationery]
Envelopes [stationery]
Writing stationery
Paper stationery
Office stationery
Stationery boxes
Printed stationery
Document files [stationery]
Writing cases [stationery]
Paper folders [stationery]
Marking pens [stationery]
Document holders [stationery]
Envelopes for stationery use
Envelopes
Greetings cards
Visiting cards
Name cards
Holiday cards
Forms, printed
Printed forms
Blank forms
Pens
Pencils
Penholders
Pen sets
Pen boxes
Stylographic pens
Fountain pens
Drawing pens
Ballpoint pens
Rollerball pens
Marker pens
Felt pens
Highlighter pens
Pen and pencil boxes
Pencil boxes
Drawing pencils
Mechanical pencils
Felt-tip pens.
The mark was filed in class 25 with following description of goods:
American football shirts
Ankle socks
Anklets [socks]
Anti-sweat underclothing
Anti-sweat underwear
Aprons
Articles of clothing
Articles of outer clothing
Articles of sports clothing
Articles of underclothing
Athletic clothing
Babies' clothing
Babies' undergarments
Baseball caps
Baseball caps and hats
Baseball hats
Baselayer tops
Bath robes
Bathing costumes
Bathing suit cover-ups
Bathing suits
Bathing trunks
Bathrobes
Beach clothes
Beach hats
Beach robes
Beach wraps
Beachwear
Beanie hats
Beanies
Bed socks
Belts [clothing]
Berets
Bermuda shorts
Bikinis
Blazers
Blouses
Blue jeans
Bobble hats
Boots
Bottoms [clothing]
Bow ties
Bowties
Boxer briefs
Boxer shorts
Boys' clothing
Braces as suspenders
Braces for clothing
Bralettes
Bras
Braces for clothing [suspenders]
Bucket caps
Bucket hats
Caftans
Button down shirts
Capes
Caps
Caps [headwear]
Cardigans
Cashmere clothing
Cashmere scarves
Casual clothing
Casual jackets
Casual shirts
Casual wear
Casualwear
Children's clothing
Children's headwear
Cloaks
Clothing
Clothing for babies
Clothing for children
Clothing for men, women and children
Clothing for sports
Coats
Coats for men
Coats for women
Coats made of cotton
Cocktail dresses
Collared shirts
Costumes
Cotton coats
Cover-ups
Cravats
Crew neck sweaters
Cycling caps
Denim jackets
Denim jeans
Denim pants
Dinner jackets
Dresses
Dressing gowns
Dungarees
Ear muffs
Earbands
Earmuffs
Espadrilles
Eye masks
Evening wear
Fake fur hats
Flat shoes
Flat caps
Fleece tops
Flip-flops
Formal wear
Gilets
Gloves
Gowns
Hats
Head bands
Head scarves
Head wear
Headbands
Headgear
Headscarves
Hooded bathrobes
Hooded pullovers
Hooded sweat shirts
Hooded sweatshirts
Hooded tops
Hoodies
House coats
Jackets
Jeans
Jogging bottoms
Jogging outfits
Jogging pants
Jogging suits
Jogging tops
Jumpers
Jumper dresses
Jump Suits
Jumpers [pullovers]
Jumpers [sweaters]
Jumpsuits
Kaftans
Knit jackets
Knit tops
Knitted caps
Knitted clothing
Ladies' clothing
Ladies' dresses
Ladies wear
Leather clothing
Leather coats
Leather jackets
Leggings [trousers]
Linen clothing
Long sleeve pullovers
Long-sleeved shirts
Lounge pants
Loungewear
Men's clothing
Men's dress socks
Men's socks
Menswear
Mittens
Mufflers
Mufflers [neck scarves]
Neck scarves
Neck tubes
Neck warmers
Neckties
Neckwear
Night gowns
Nightdresses
Nightgowns
Nighties
Nightwear
Outer clothing
Outerwear
Overalls
Overcoats
Padded jackets
Pajamas
Pants
Pareos
Parkas
Parts of clothing, footwear and headgear
Polo neck jumpers
Polo shirts
Polo knit tops
Polo sweaters
Ponchos
Printed t-shirts
Pullovers
Pyjamas
Quilted jackets [clothing]
Quilted vests
Rain capes
Rain coats
Rain jackets
Raincoats
Ready-made clothing
Robes
Rompers
Rugby tops
Sarongs
Scarfs
Scarves
Shawls
Shift dresses
Shirts
Shorts
Short-sleeve shirts
Short-sleeved T-shirts
Silk scarves
Silk clothing
Silk ties
Ski wear
Skirts
Skull caps
Slacks
Sleepsuits
Sleeping garments
Sleepwear
Sleeved jackets
Sleeveless jerseys
Slipper socks
Slippers
Socks
Soccer shirts
Socks for men
Socks and stockings
Sports caps
Sports clothing
Sports jerseys
Sportswear
Suits
Sun hats
Sun visors
Sweat bands
Sweaters
Sweatshirts
Swim suits
Swim trunks
Swimming suits
Swimwear
T-shirts
Tank tops
Thermal underwear
Tights
Trenchcoats
Trousers
Twin sets
Underclothes
Under garments
Undergarments
Underwear
Underwear and nightwear
V-neck sweaters
Vests
Woollen socks
Woolen clothing
Belts made out of cloth
Belts made of leather
Belts for clothing.
The mark was filed in class 28 with following description of goods:
Accessories for dolls
Action figure toys
Action figures
Action figures [toys or playthings]
Action skill games
Action toys
Amusement park rides
Apparatus for games
Apparatus for playing electronic games
Arcade games
Arcade video game machines
Arm floats for swimming
Articles of clothing for dolls
Articles of clothing for toys
Assembly toys
Baby gyms
Baby playthings
Baby rattles
Baby rattles incorporating teething rings
Baby swings
Badminton equipment
Badminton sets
Balls for games
Balls for play
Balls for playing games
Balls for playing sports
Balls for sports
Baseballs
Basketballs
Bath toys
Bathtub toys
Bats for games
Battery operated toys
Battery-powered computer game with LCD screen
Beach balls
Bean bag animals
Bean bag dolls
Beanbags in the form of playthings
Bendable toys
Board games
Bodyboards
Bodysurfing boards
Bouncers [playthings]
Bouncing toys
Bouncy castles
Buckets [playthings]
Bubble making wand and solution sets
Building blocks [toys]
Building bricks [toys]
Building games
Card games
Cards (Playing -)
Cards [games]
Carnival masks
Chess sets
Children's multiple activity toy
Children's multiple activity toys
Children's playhouses
Children's playthings
Children's ride-on toy vehicles
Children's riding vehicles [playthings]
Children's toy bicycles other than for transport
Children's toys
Christmas crackers
Christmas stockings
Christmas tree decorations
Christmas tree ornaments
Clockwork toys
Cloth toys
Clothing for dolls
Clothing for teddy bears
Coin-operated games
Collectable toy figures
Computer game apparatus
Computer game consoles
Confetti
Construction toys
Controllers for toys
Costume masks
Costumes being children's playthings
Crib mobiles
Crib toys
Cuddly toys
Cube-type puzzles
Dice games
Dog toys
Doll accessories
Doll clothing
Doll costumes
Doll furniture
Doll houses
Dolls
Dolls for playing
Dolls' houses
Dominoes
Drawing toys
Educational toys
Educational playthings
Electric action toys
Electric action figures with lights and sounds
Electronic action toys
Electronic activity toys
Electronic board games
Electronic games
Electronic educational game machines for children
Electronic educational teaching games
Electronic learning toys
Electronic toys
Electronically operated toy vehicles
Electronically operated toy motor vehicles
Exercise balls
European style dolls
Fabric dolls
Fabric toys
Fairground and playground apparatus
Fantasy character toys
Festive decorations, party novelties and artificial Christmas trees
Fidget toys
Finger puppets
Flippers
Floating recreational pads
Fluffy toys
Flotation apparatus for swimming
Footballs
Four-wheeled toy vehicles
Game cards
Games
Games (Balls for -)
Games (Apparatus for -)
Games relating to fictional characters
Gym balls
Hand-held computer games
Hand puppets
Handballs
Handheld computer games
Handheld electronic games
Infant toys
Infant development toys
Indoor play tents
Indoor play apparatus for children
Infants' swings
Infants' action crib toys
Inflatable balls for sports
Inflatable bath toys
Inflatable beach balls
Inflatable pool toys
Inflatable swimming floats
Inflatable toys
Intelligent toys
Interlocking construction toys
Interlocking toy construction pieces
Jack-in-the-boxes
Jigsaw puzzles
Jump ropes
Kites
Kites being toys
Manipulative puzzles
Manipulative logic games
Marionettes
Marbles
Masks (Toy -)
Mechanical action toys
Mechanical games
Mechanical toys
Memory games
Miniatures for use in games
Mobiles [toys]
Model toys
Models being toys
Models for use with role playing games
Musical toys
Musical games
Noisemakers [toys]
Novelty masks
Ornaments for Christmas trees, except lights, candles and confectionery
Ornaments for Christmas trees
Outdoor toys
Paddle balls
Party balloons
Parlour games
Party games
Party poppers
Party favors in the nature of small toys
Piñatas
Plastic toys
Plastic toys for use in the bath
Play apparatus for use in children's nurseries
Play balls
Play figures
Play houses
Play mats containing infant toys
Play mats for use with toy vehicles
Play tents
Playground apparatus for children
Playground balls
Playhouses
Playing balls
Playing cards
Playing cards and card games
Playthings
Plush dolls
Plush stuffed toys
Plush toys
Plush toys with attached comfort blanket
Pop up toys
Positionable toy figures
Puppets
Puzzles
Puzzle mats [toys]
Puzzles [toys]
Quiz games
Radio-controlled toy vehicles
Radio-controlled toys
Rag dolls
Rattles [playthings]
Rattles [toys]
Remote control toys
Remote-controlled toy vehicles
Ride-on toy vehicles
Ride-on toys
Ring games
Ring toss games
Rocking toys
Rocking horses
Rubber balls
Rugby balls
Sand toys
Scale model figures
Scooters [toys]
See-saws
Skateboards
Sledges [playthings]
Sleighs [recreational equipment]
Slides [playthings]
Slides [playground equipment]
Smart toys
Snow globes
Soccer balls
Soft toys
Spinning fidget toys
Spinning tops
Sport balls
Squeeze toys
Stacking toys
Squeezable squeaking toys
Stuffed and plush toys
Stuffed animals [toys]
Stuffed bean-filled toys
Stuffed dolls
Stuffed plush toys
Stuffed puppets
Stuffed toy animals
Stuffed toys
Stuffed toy bears
Swimming floats
Swimming jackets
Swing sets
Swings
Teddy bears
Tennis balls
Toy action figures
Toy action figurines
Toy aeroplanes
Toy air vehicles
Toy aircraft
Toy airplanes
Toy and novelty face masks
Toy animals
Toy balls
Toy beanbags [Otedama]
Toy blocks
Toy building block sets
Toy building blocks
Toy cars
Toy cookware
Toy construction blocks
Toy dolls
Toy dough
Toy figure playsets
Toy figures
Toy figurines
Toy masks
Toy model kits
Toy modelling dough
Toy models
Toy music boxes
Toy robots
Toy scale models
Toy vehicles
Toys
Toys adapted for educational purposes
Toys for babies
Toys for infants
Toys for use in swimming pools
Toys, games, and playthings
Toys in the form of puzzles
Trading card games
Trading cards for games
Train sets
Video game apparatus
Water toys
Wheeled toys
Wind-up toys
Windup toys
Wooden toy building blocks
Wooden toys.
The mark was filed in class 41 with following description of goods:
Amusement and theme parks, fairs, zoos and museums
Amusements
Animated musical entertainment services
Arranging for students to participate in recreational activities
Arranging of contests
Arranging of entertainment shows
Arranging of festivals for entertainment purposes
Arranging of musical events
Arranging of presentations for cultural purposes
Arranging of presentations for entertainment purposes
Audio entertainment services
Audio, video and multimedia production, and photography
Audio-visual display presentations
Audio-visual display presentation services for entertainment purposes
Book lending
Book loaning
Children's adventure playground services
Children's entertainment services
Cinema entertainment
Cinema presentations
Conducting of entertainment events
Conducting of film festivals
Conducting of entertainment activities
Entertainment
Entertainment by film
Entertainment by means of television
Entertainment by means of roadshows
Entertainment club services
Entertainment, education and instruction services
Entertainment in the form of recorded music (Services providing -)
Entertainment in the form of television programmes (Services providing -)
Entertainment in the nature of on-going television programs in the field of variety
Entertainment in the nature of ongoing television programs in the field of variety
Entertainment in the nature of light shows
Entertainment in the nature of television news shows
Entertainment information
Entertainment information services
Entertainment party planning
Entertainment provided via the internet
Entertainment provided by cable television
Entertainment services
Entertainment services featuring fictional characters
Entertainment services for children
Entertainment services for sharing audio and video recordings
Entertainment services in the form of motion pictures
Entertainment services in the form of television programmes
Entertainment services in the form of cinema performances
Entertainment services in the nature of contests
Entertainment services in the nature of competitions
Entertainment services provided for children
Entertainment services provided by television
Entertainment services relating to quizzes
Entertainment services provided by on-line streams
Festivals (Organisation of -) for entertainment purposes
Festivals (Organisation of -) for recreational purposes
Fetes (Organisation of -) for entertainment purposes
Film distribution
Film studios
Information about entertainment and entertainment events provided via online networks and the Internet
Information (Entertainment -)
Information (Recreation -)
Information services relating to entertainment
Interactive entertainment
Libraries
Movie showing
Motion picture studios
Music entertainment services
Musical entertainment
On-line entertainment
Online entertainment services
Online interactive entertainment
Organisation and presentation of shows
Organisation of entertainment events
Organisation of educational activities for summer camps
Organisation of entertainment services
Organisation of entertainment and cultural events
Organisation of entertainment for birthday parties
Organisation of outings for entertainment
Organisation of parties
Organisation of shows
Organisation of stage shows
Organization of cosplay entertainment events
Organising of shows for entertainment purposes
Organization of entertainment events
Organization of shows
Organizing and arranging exhibitions for entertainment purposes
Party planning
Planning of movie shows
Planning of shows
Presentation of films
Presentation of movies
Production of live television programmes for entertainment
Production of live television programmes for education
Production of live television programmes
Production of radio and of television programmes
Production of radio and television shows and programmes
Production of radio and television programmes
Production of radio and television programs
Production of radio or television programs
Production of shows
Production of television or radio programmes
Providing entertainment information
Providing entertainment in the nature of film clips via a website
Providing entertainment information via a website
Providing on-line non-downloadable pictures
Providing on-line non-downloadable images
Providing television programs, not downloadable, via video-on-demand services
Providing television programmes, not downloadable, via video-on-demand transmission services
Provision of audio and visual media via communications networks
Provision of children's stories by telephone
Provision of entertainment
Provision of entertainment services for children
Provision of entertainment services through the media of television
Provision of entertainment services through the media of video-films
Provision of entertainment services through the media of cine-films
Provision of entertainment services through the media of audio tapes
Provision of entertainment services through the media of publications
Provision of entertainment information
Provision of entertainment information by electronic means
Provision of entertainment information via television, broadband, wireless and on-line services
Provision of entertainment information via the Internet
Provision of entertainment via podcast
Provision of information relating to entertainment
Provision of information relating to books
Provision of non-downloadable films and television programs via pay television
Provision of non-downloadable films and television programs via pay-per-view television channels
Provision of non-downloadable films
Provision of on-line entertainment
Provision of play facilities for children
Provision of recreational activities
Provision of visitor attractions for entertainment purposes
Radio and television entertainment
Radio and television entertainment services
Radio and television programmes (Production of -)
Radio entertainment
Recreation services
Show production services
Showing of films
Television and radio entertainment
Television and radio entertainment services
Television entertainment
Television programmes (Production of radio and -)
Theatre entertainment
Theatrical performances both animated and live action
Tv entertainment services
Video entertainment services
Video game services
Workshops for recreational purposes
Television show production
Television entertainment services
Satellite television series
Television programme production
Television program production
Production of television features
Preparation of television programmes
Production of television programs
Production of television programmes
Production of television films
Production of television entertainment features
Production of television entertainment programmes
Production of cable television programs
Cable television programmes (Production of -)
Education services provided by television
Production of educational television programmes
Television, radio and film production
Production of television game shows
Production of television and radio programs
Education services provided by television programmes
Production of television and cinema films
Development of formats for television programmes
Audio, film, video and television recording services
Provision of radio and television entertainment services
Publication of books relating to television programmes
Television and radio programme preparation and production
Provision of information relating to television programmes
Production of radio programmes or of television programmes
Production of radio programmes and of television programmes
Production of entertainment in the form of television programmes
Production of television programs for broadcast on mobile devices
Entertainment services in the nature of interactive television programmes
Production of entertainment in the form of a television series
Production of animated programmes for use on television and cable
Providing television programmes, not downloadable, via video-on-demand services
Provision of multimedia entertainment programs by television, broadband, wireless and on-line services
Film production
Film showings
Film production services
Production of films
Production of films, other than advertising films
Motion picture film production
Video tape film production
Exhibition of video films
Production of cinematographic films
Production of video films
Film production for entertainment purposes
Video and DVD film production
Production of motion picture films
Consultancy on film and music production
Showing of cinematographic and motion picture films
Amusement park services with a theme of films
Providing films, not downloadable, via video-on-demand services.