The trademark MONSTERVERSE was filed by Legend Pictures, LLC, a Limited Liability Company (the "Applicant"). The application was published for oppositions on February 5, 2023, and received one opposition filed on May 3, 2023 by Monster Energy Company on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by BIRD & BIRD LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 3, 2023
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Downloadable computer game programs
Downloadable mobile applications for playing entertainment content and games
Downloadable computer software in the fields of virtual reality for use in motion tracking, location, position, and orientation sensing
Downloadable computer software for developing and interfacing with virtual reality software
Computer software, namely, downloadable mobile application software for setting up, configuring, viewing and running virtual reality software
Downloadable video game software
Videogame accessories and peripherals, namely, headsets for virtual reality games
Computer and technology accessories, namely, computer keyboards, computer mice, mouse pads, audio speakers, headphones, ear buds, laptop carrying cases, and three dimensional virtual reality glasses
Virtual reality headsets and viewers adapted for use in watching movies
Computer hardware
Downloadable computer software for playing games and for playing and viewing digital media, movies, television shows, entertainment content, videos, computer game software, and discs
Lanyards for eye glasses
Virtual reality headsets and viewers adapted for use in in playing video games
Virtual reality headsets and viewers adapted for use in in playing video games and movies on video game machines.
The mark was filed in class 16 with following description of goods:
Graphic novels
Comic books
Art books and coffee table books on scenes and characters from the movies, games and videos, reference books and encyclopedias on scenes and characters from movies, games and videos.
The mark was filed in class 25 with following description of goods:
Shirts
T-shirts
Tank tops
Sweaters
Pants
Sweatpants
Hooded sweatshirts
Jackets
Athletic apparel, namely, moisture-wicking shirts and jerseys
Socks
Hats
Headwear.
The mark was filed in class 28 with following description of goods:
Toy vehicles
Dolls
Jigsaws and manipulative puzzles
Action figures and accessories therefor
Hand-held units for playing electronic games other than those adapted for use with an external display screen or monitor
Game equipment sold as a unit for playing a board game, a card game, a manipulative game, a parlor game, and an action type target game
Stand-alone video output game machines
Stuffed and plush toys
Toy masks.
The mark was filed in class 41 with following description of goods:
Entertainment services, namely, development of concepts for and production and distribution of motion pictures
Entertainment, namely, production of continuing comedy, action, romance, fantasy, fiction, science fiction, humor, adventure, action and animation, and animated programs delivered by Internet
Publication of books, comic books and other printed matter in the field of comedy, drama, action, romance, fantasy, fiction, science fiction, humor, adventure, action, and animation.