The trademark Action Kickers 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 9, 2022 by Olympia-Verlag GmbH on Likelihood of confusion. the opponent was represented by CÖSTER & PARTNER RECHTSANWÄLTE MBB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 9, 2022
The application was filed in Polish, and Polish was also language of all opposition proceedings (German was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Software, for use in relation to the following goods: money games, Prize games, gaming services, Skill games and Casino games
Coin-operated mechanisms
Software, for use in relation to the following goods: Computer and video games, namely, Casino games, Amusement machines, automatic, money games, Prize games, gaming services, Skill games, Online casino gaming, Gambling machines, Slot machines, The aforesaid goods with or without a prize payout
Games software for use on any computer platform, including electronic entertainment and games consoles, for use in relation to the following goods: Casino games, Amusement machines, automatic, money games, Prize games, gaming services, Skill games, Online casino gaming, Gambling machines, Slot machines, The aforesaid goods with or without a prize payout
Games programs for computers, namely, for use in relation to the following goods: Casino games, Amusement machines, automatic, money games, Prize games, gaming services, Skill games, Online casino gaming, Gambling machines, Slot machines, The aforesaid goods with or without a prize payout
Video games (software), namely money games, Prize games, gaming services, Skill games and Casino games
Computer games for use via a global network, via a global computer network or via multimedia electronic transmission or telecommunication or electronic transmission or via the internet, namely, Online gambling, Online lotteries, online gambling programs, Online games of skill and online casino games
Games software, Computer software for leisure and relaxation, video games and computer software, all being available in the form of storage media, for use in relation to the following goods, Online gambling, Online lotteries, online gambling programs, Online games of skill and online casino games
Programs for operating electric and electronic apparatus for games, amusement and/or entertainment purposes, in casinos and/or the gaming sector
Computer software for computer games on the Internet, for use in relation to the following goods: Online gambling, Online lotteries, online gambling programs, Online games of skill and online casino games
Online games (software), namely, Online gambling, Online lotteries, online gambling programs, Online games of skill and online casino games
Computer software in the form of a mobile device or computer application, for use in relation to the following goods: money games, Prize games, gaming services, Skill games and 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 for casino and/or 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
Software for operating computer games, for use in relation to the following goods: Casino games, Amusement machines, automatic, Online gambling, Online lotteries, online gambling programs, Online games of skill, Online casino gaming, Gambling machines, Slot machines, The aforesaid goods with or without a prize payout
Computer software for games administration (games compilation), for use in relation to the following goods: money games, Prize games, gaming services, Skill games and Casino games
Compilation of video games [computer software], namely, Collection, in relation to the following goods: Video cash games, video prize games, Video gambling games, Video skill games and video casino games.
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
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
LCD games consoles
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.