The trademark Flipside was filed by Adp Merkur GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on July 13, 2022, and received one opposition filed on October 13, 2022 by MOOSE CREATIVE MANAGEMENT PTY LIMITED on Identity of marks and G&S. and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 13, 2022
The application was filed in Polish, and Polish was also language of all opposition proceedings (German was selected as the second language).
The Opposition with reference B 003180750 was rejected according to Article 8(1)(a) EUTMR with decision issued on June 6, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Software
Coin-operated mechanisms
Online games (software), in particular for online betting games, online prize games, online gambling games, online games of skill and online casino games
Calculating apparatus in coin-operated machines [calculating apparatus] and parts thereof, included in this class
Electric, electronic, optical or automatic apparatus, for identifying data carriers, identity cards and credit cards, bank notes and coins
Software, in particular for casino and/or amusement arcade games, for gaming machines and/or slot machines, all of the aforesaid with or without a prize payout
Games software that generates or displays betting results of slot machines.
The mark was filed in class 28 with following description of goods:
Coin-operated automatic gaming machines and gaming machines, in particular for gaming arcades, with or without a prize payout
Electronic or electrotechnical gaming apparatus, gaming machines, games machines and slot machines operated by coins, tokens, banknotes, tickets or by means of electronic, magnetic or biometric storage media, in particular for commercial use in casinos and amusement arcades, with or without a prize payout
Automatic gaming machines and gaming machines, in particular for commercial use in casinos and gaming arcades, with or without a prize payout
Coin-operated gaming machines and/or electronic money-based gaming apparatus (machines), with or without prizes
Housings adapted for gaming machines, gaming apparatus and automatic gaming machines, operated by means of coins, tokens, tickets or by means of electronic, magnetic or biometric storage media, in particular for commercial use in casinos and gaming arcades, with or without a prize payout
Drawing apparatus for prize games and lotteries, draws or raffles
Housings of metal, plastic and/or wood for coin-operated automatic machines
Electropneumatic and electric pulling machines (gaming machines)
Electric, electronic or electromechanical apparatus for bingo games, lotteries or video lottery games and for betting offices, networked or unnetworked
Automatic gaming machines
Including all the aforesaid automatic machines, machines and apparatus operating in networks
Apparatus and devices for accepting and storing money, being fittings for the aforesaid automatic machines, included in class 28
Automatic gaming machines, namely devices with which bets can be made.