The trademark HOTNOT was filed by AMMA FOUNDERS, S.L., a corporation established under the laws of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on September 6, 2022, and received one opposition filed on December 6, 2022 by BADOO MEDIA LIMITED on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Pinsent Masons Ireland LLP
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer software applications, downloadable
Communication, networking and social networking software
Downloadable software
E-commerce and e-payment software
Downloadable computer software for mobile devices enabling online and virtual retailing of physical and virtual goods
Non-downloadable virtual and augmented reality software
Downloadable computer software for processing cryptocurrency-related transactions
Virtual reality software for simulation
Interactive entertainment software
Education software
Educational mobile applications
Educational computer applications
Education software
Education software
Downloadable educational course materials
Augmented reality software for education
Software for interactive television
Computer software for creating dynamic websites
Website development software
Databases (electronic)
Computer software for wireless content delivery
Computer application software for downloading virtual goods, including portable telecommunications apparatus, mobile telecommunications devices and video game apparatus
Virtual reality models
Augmented reality software for use in mobile devices for integrating electronic data with real world environments
Downloadable computer software for managing cryptocurrency transactions using block chain technology
Downloadable virtual goods, In particular digital tokens based on blockchain technology
Downloadable virtual goods, namely Downloadable computer files and programs featuring the following goods: Footwear, clothing, head wear, Bags, Backpacks, Sporting bags, Suitcases, Spectacles, Jewellery articles and Timepieces, Cosmetics and perfumery, household accessories and Items for use online and in online virtual worlds
Downloadable 2D or 3D drawings and engravings, All the aforesaid goods for use online and in online virtual worlds
Downloadable 2D or 3D drawings and engravings
Downloadable computer files and programs featuring vehicles, toys, avatars and emoticons for use in digital platforms and virtual environments created for exchange, for trading and for entertainment purposes or for use in electronic games
Non-fungible tokens (NFTs)
Electronic publications, downloadable
Interactive electronic publications
Virtual reality hardware.
The mark was filed in class 38 with following description of goods:
Telecommunication services
Photograph sharing and video sharing
Electronic transmission of digital photo files, videos and audio visual content among internet users for sharing purposes
Electronic transmission of images, audiovisual and video content, photographs, videos, data, text, messages, advertisements, media advertising communications and information
The provision of access to computer, electronic and online databases
Providing online forums for communication
Transmission on topics of general interest
Providing email and instant messaging services
Chatroom services for social networking
Photo uploading services
Electronic transmission of images, photographs, graphic images and illustrations over a global computer network
Provision of access to Internet platforms for the purpose of exchanging digital photographs
Transmission of videos, movies, pictures, images, text, photos, games, user-generated content, audio content, and information via the Internet
Transmission of messages and images
Transmission of written communications (Electronic -)
Transmission of digital information
Transmission of information on-line
Transmission of data, messages and information
Providing on-line chat rooms for transmission of messages among computer users
Transmission of data or audio visual images via a global computer network or the internet
Data transmission for others.
The mark was filed in class 45 with following description of goods:
Online social networking services
Online social networking services accessible by means of downloadable mobile applications
Online social networking services
Providing information in the form of databases featuring information in the field of social networks.