The trademark CHAPTR was filed by Chaptr GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on December 14, 2022, and received one opposition filed on March 13, 2023 by CHAPTERS HOLDING, SGPS, S.A. on Likelihood of confusion. the opponent was represented by J. PEREIRA DA CRUZ, S.A. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 13, 2023
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
A transfer of the trademark registration was recorded on March 26, 2024.
The Opposition with reference B 003191849 was rejected according to Article 10(2) EUTMDR with decision issued on January 30, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Electronic publications, not in the field of job related training and job related education
Digital publications, not in the field of job related training and job related education
Digital media, not in the field of job related training and job related education
Digital art
Downloadable electronic or digital newspapers and magazines, and back copies and extracts thereof, not in the field of job related training and job related education
Digital assets and digital collectibles, namely downloadable digital files in the form of art, literary works, and photography, and digital downloadable content and digital downloadable images relating to current affairs, news, history, politics, music, sports, and entertainment
Downloadable digital files authenticated by non-fungible tokens (NFTs)
Digital assets and digital collectibles, namely downloadable digital files containing interactive media, images, videos, audio, three-dimensional art, digital art, photography, music, data, statistics, graphics, or visual effects, authenticated by non-fungible tokens (NFTs)
Downloadable virtual goods, namely clothing, handbags, shoes, and jewelry, authenticated by non-fungible tokens (NFTs)
Downloadable multimedia files containing video or text relating to games, sports, art, and entertainment, authenticated by non-fungible tokens (NFTs)
Computer software, not in the field of job related training and job related education
Software applications for mobile devices, not in the field of job related training and job related education
MP3 files
MP4 files
Audio books
Computer games, downloadable electronic games, not in the field of job related training and job related education
Downloadable game software, not in the field of job related training and job related education.
The mark was filed in class 25 with following description of goods:
Clothing
Footwear
Headgear.
The mark was filed in class 35 with following description of goods:
Retail services in the fields of digital assets, digital collectibles and media content, namely relating to downloadable digital files in the form of art, literary works, and photography, and digital downloadable content, and digital downloadable images relating to current affairs, news, history, politics, music, sports, and entertainment, authenticated by non-fungible tokens (NFTs)
Providing online marketplaces for creating, posting, minting, promoting, exchanging, buying and selling digital assets, and digital collectibles, namely relating to downloadable digital files in the form of art, literary works, and photography, and digital downloadable content and digital downloadable images relating to current affairs, news, history, politics, music, sports, and entertainment, authenticated by non-fungible tokens (NFTs)
Providing and operating online marketplaces for buyers and sellers of digital goods authenticated by NFTs
Online retail store services in the fields of electronic publications, digital publications, digital media, digital art, downloadable electronic or digital newspapers and magazines, and back copies and extracts thereof
Online retail store services relating to digital assets and digital collectibles, namely relating to downloadable digital files in the form of art, literary works, and photography, and digital downloadable content and digital downloadable images relating to current affairs, news, history, politics, music, sports, and entertainment
Online retail store services relating to digital assets and digital collectibles, namely relating to downloadable digital files in the form of art, literary works, and photography, and digital downloadable content and digital downloadable images relating to current affairs, news, history, politics, music, sports, and entertainment
Online retail store services relating to digital assets and digital collectibles, namely relating to downloadable digital files in the nature of interactive media, images, videos, audio, three-dimensional art, digital art, photography, music, data, statistics, graphics, or visual effects, authenticated by non-fungible tokens (NFTs)
Retail store services featuring virtual reality game software
Retail store services featuring downloadable computer graphics
Providing online registration services on a global computer network allowing users to participate in online communities and online forums
Online trading services, namely arranging of online trading transactions and the online conclusion of commercial contracts as well as online trading services in which seller posts products to be auctioned and bidding is done via the internet
E-commerce services, namely providing information about products via telecommunication networks for sales purposes
Advertising, marketing and promotional services, especially in relation to social media, NFTs and virtual worlds including the metaverse, not in the field of job related training and job related education
Presentation of goods on communication media, for retail purposes
Rental of advertising space on-line
Providing product information to consumers for commercial purposes
Providing searchable online advertising guides and directories featuring the goods and services of others
Business management, not in the field of job related training and job related education
Advertising consultancy, not in the field of job related training and job related education
Business organizational and strategic consultancy, especially in relation to social media, NFTs and virtual worlds including the metaverse
Online registry services, namely maintaining a registry of information of digital assets, digital collectibles, NFTs and other application tokens.
The mark was filed in class 36 with following description of goods:
Financial services relating to NFTs
Brokerage services for NFTs
Electronic transfer of virtual currencies, tokens, electronic payments, and digital assets
Financial exchange of virtual currencies, digital currencies, cryptocurrencies and digital assets
Financial trading services for NFTs, crypto tokens, non-fungible assets and crypto-collectibles
Virtual money brokerage
Brokerage services for art, digital assets, digital collectibles, NFTs and other application tokens
Real estate services in relation to property in virtual worlds.
The mark was filed in class 38 with Providing access to virtual worlds and the metaverse on global computer networks and providing access to websites, especially featuring technology that enables users to engage in cryptocurrency mining and verification services for cryptocurrencies..
The mark was filed in class 41 with following description of goods:
Entertainment services
Entertainment services provided in virtual worlds
Museum, art gallery and library services
Virtual world museum, art gallery and library services
Exhibition services, namely conducting trade shows and exhibitions in a virtual environment
Presentation of virtual shows, exhibitions and concerts for entertainment and cultural purposes
Educational and training services relating to art and collectibles, including digital art and digital collectibles
Publishing services, not in the field of job related training and job related education
Publication of non-downloadable electronic or digital newspapers and magazines, and back copies and extracts thereof, not in the field of job related training and job related education
Entertainment services, especially providing non-downloadable digital collectibles, represented by NFTs via a blockchain network in the fields of art, current affairs, news, literary works, history, politics, music, sports, photography and entertainment
Entertainment services, especially providing non downloadable digital collectibles, represented by NFTs via a blockchain network, featuring interactive media, images, videos, audio, three-dimensional art, digital art, photography, music, data, statistics, graphics, or visual effects
Entertainment services, especially providing virtual experiences
Production and publication of digital collectibles, namely downloadable digital files in the nature of interactive media, video, photography, music, statistics, data, graphics, visual effects, or electronic publications, authenticated by non-fungible tokens (NFTs)
Entertainment services, especially providing online virtual environments for exhibiting and viewing digital assets, digital collectibles, NFTs and other application tokens
Online interactive entertainment
Entertainment services, namely contests, games and challenges and undertaking activities in virtual worlds where digital collectibles, NFTs and other application tokens can be used
Production of performance events
Entertainment in the nature of live performances
Games and gaming services
Providing online electronic game software and video game software
Providing entertainment news
Film production
Video production
Production of digital content for virtual worlds and virtual communities
Production of virtual communities, namely audio, video, and multimedia production in connection with a virtual communities
Administration of virtual communities, namely administration of entertainment services, amusement services, cultural activities and gaming services in relation to virtual communities
Production and publication of AI-generated books, magazines, and multi-media content
Providing online, non downloadable virtual goods, namely clothing, handbags, shoes, and jewelry, authenticated by non-fungible tokens (NFTs).
The mark was filed in class 42 with following description of goods:
NFT minting services
Minting, creating, storing, and providing authentication services for digital assets, digital collectibles, NFTs and other application tokens
Online registry services, namely maintaining databases for registry of information of digital assets, digital collectibles, NFTs and other application tokens
Computer services, especially creation of digital works and collectibles, represented by NFTs in the nature of digital art, collectibles, media products, or digital assets
Design and development of virtual reality software
Providing non downloadable cryptocurrency wallets
Providing non-downloadable cloud software for use in electronically trading, storing, sending, receiving, buying, selling, accessing, accepting and transmitting digital assets, digital collectibles, NFTs and other application tokens
Providing non-downloadable software for use in electronically trading, storing, sending, receiving, accepting and transmitting digital currencies, virtual currencies, and cryptocurrencies
Providing non-downloadable cloud software for viewing digital assets, digital collectibles, NFTs and other application tokens
Providing non-downloadable cloud software for processing transactions related to digital assets, digital collectibles, NFTs and other application tokens
Providing non-downloadable cloud software for providing access to digital assets, digital collectibles, NFTs and other application tokens
Providing non-downloadable cloud software for downloading software, data, and image files
Providing non-downloadable cloud software for managing digital assets, NFTs and digital and virtual currencies
Providing non-downloadable cloud software for use as digital wallets
Software as a service (SaaS)
Platform as a service (PaaS) services featuring software for use in electronically trading, storing, sending, receiving, buying, selling, accessing, accepting and transmitting digital assets, digital collectibles, NFTs and other application tokens
Platform as a service (PaaS) services featuring software for use in electronically trading, storing, sending, receiving, accepting and transmitting digital currencies, virtual currencies, and cryptocurrencies
Platform as a service (PaaS) application service provider (ASP) services featuring e-commerce software, not in the field of job related training and job related education
Software as a service (SaaS) services featuring software for payment processing, not in the field of job related training and job related education
Data mining
Data security services, especially data encryption services
Providing on-line non-downloadable computer software for enabling users to electronically create, store, send, receive, accept, exchange, and transmit digital assets and NFTs based on the blockchain technology
Providing on-line non-downloadable computer software, especially for enabling users to access virtual worlds and the metaverse
Hosting of web portals on the internet in connection with virtual worlds and the metaverse
Application service provider (ASP) services, especially providing, hosting, managing, developing, and maintaining applications, software, websites and databases in the fields of information technology, blockchain, virtual currencies, digital currencies, cryptocurrencies, NFTs, digital collectibles, and digital assets
Providing online, non-downloadable software, especially featuring technology that enables users to engage in cryptocurrency mining and verification services for cryptocurrencies
Providing online non-downloadable computer programs for the creation and trade of digital assets and digital collectibles
Storage of digital collectables, namely digital files, namely downloadable digital files in the nature of interactive media, video, photography, music, statistics, data, graphics, visual effects, or electronic publications, authenticated by non-fungible tokens (NFTs)
Design of virtual communities, namely computer design, software design, visual design, graphic design and design of websites in relation to virtual communities.