The trademark Family 1st Family 4ever was filed by WhyNot Enterprises GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant") and Loridana Zefi, a national of the Swiss Confederation (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on November 16, 2022, and received one opposition filed on February 16, 2023 by FAMILY FIRST MILANO S.R.L. on Likelihood of confusion. the opponent was represented by ING. C. CORRADINI & C. S.R.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 16, 2023
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003190599 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on January 31, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 9 with Downloadable digital media, namely digital assets, namely Digital goods, Namely shoes, clothing, headgear, Spectacles, Bags, Cases, Sporting bags, Backpacks, athletic equipment, Art [pictures], books relating to the artist's person, in particular relating to works of music and artist's personal rights, playthings, related accessories, DIGITAL ARTWORKS, All the aforesaid goods authenticated through tokens and non-fungible tokens (NFTs) and downloadable virtual goods, namely Computer programs relating to footwear, clothing, headgear, spectacles, bags, bags for sports, rucksacks, sports equipment, art, toys and accessories For use online and in online virtual worlds..
The mark was filed in class 14 with Precious metals, and imitations thereof.
The mark was filed in class 18 with Leather and imitations of leather and Umbrellas and parasols..
The mark was filed in class 35 with following description of goods:
Advertising
Advertising, promotional and public relations services
Marketing
Digital marketing
Online retail services in relation to: Virtual goods, Namely, shoes, clothing, Headgear, Spectacles, bags, athletic bags, Rucksacks, sport equipment, art, Playthings and accessories
Providing and offering an online marketplace and register for buyers and sellers, in relation to the following goods: digital assets, digital collectibles, digital tokens, non-fungible tokens (nfts).
The mark was filed in class 42 with following description of goods:
Software development, programming and implementation
Hosting services, software as a service, and rental of software
Certification of data via blockchain
Data storage via blockchain
User authentication services using blockchain technology