The trademark application FAB was filed by Epic Games, Inc., a U.S. corporation (the "Applicant"). Appeal pending.
The application was filed in English (Italian was selected as the second language).
The Appeal with reference B R0380/2024-2 was Trade mark application refused according to Article 7(1)(b) EUTMR with decision issued on July 10, 2024 by the EUIPO. The Refusal with reference B 018866278 was Rejected according to Article 7(1)(b) EUTMR with decision issued on January 7, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 35 with following description of goods:
Online retail store services featuring software for use in the creation of computer programs and software, virtual spaces, virtual worlds, online universes, 2D and 3D sites, 2D and 3D content, immersive and realistic interactive experiences, and metaverse environments
Online retail store services featuring software for use in the creation of fully immersive and interactive animations, simulations, and visualizations
Online retail store services featuring downloadable virtual goods, namely, computer programs featuring digital content for use in computer programs and software, virtual spaces, virtual worlds, online universes, 2D and 3D sites, 2D and 3D content, immersive and realistic interactive experiences, and metaverse environments
Online retail store services featuring virtual goods, namely, computer programs featuring textures, meshes, models, rigs, graphics, images, videos, audio content, multimedia content, projects, packages, datasets, blueprints, and point clouds, and other digital content
Online retail store services featuring downloadable files containing computer graphics
Online retail store services featuring virtual goods, namely, computer programs featuring props, set pieces, buildings, structures, environments, terrains, foliage, landscapes, avatars, characters, character packs, character animations, character effects, heroes, warriors, adversaries, clothing, accessories, outfits, skins, wraps, pets, vehicles, weapons, tools, armor, abilities, emotes, gestures, dialogue, and sounds
Online retail store services featuring graphics for computers, namely, 2D and 3D images
Online retail store services in relation to downloadable files featuring animations, audio and visual effects, special effects, animation blueprints, maps, audio packs, sounds, sound cues, and audio files
Online retail store services in relation to downloadable files featuring digital human and non-human characters and representations
Online retail store services featuring 3D and virtual goods, namely, computer programs featuring digital content for use in creating and participating in 3D and virtual environments
Online retail store services featuring virtual goods, namely, computer programs featuring digital content for use in creating and participating in online virtual worlds
Online retail store services featuring images for use in creating and participating in virtual environments
Online retail store services featuring images for use in an online multimedia virtual environment
Online retail store services featuring 2D and 3D images for use in the creation of computer-generated imagery and graphics
Online retail store services featuring 2D and 3D images for use in the production of motion pictures, television shows, videos, animations, simulations, visualizations, visual media, digital media, virtual and augmented environments, and virtual, augmented, mixed reality and extended reality experiences
Online retail store services featuring graphic files for use in connection with digital content creation platforms
Online retail store services featuring software for use in the creation of multimedia content, interactive worlds, virtual reality, augmented reality, mixed reality and extended reality experiences, films, television programs, videos, and digital media in general
Online retail store services featuring software for use the creation of virtual, augmented, mixed reality, and extended reality experiences
Online retail store services featuring software for use in the creation and production of animations, simulations, visualizations, digital media, virtual environments, and virtual, augmented, mixed reality and extended reality experiences
Online retail store services featuring software for use in creating virtual spaces, online universes, 2D and 3D sites, 2D and 3D content, immersive and realistic interactive experiences, and metaverse environments
Online retail store services featuring software for the creation of computer-generated imagery and graphics
Online retail store services featuring computer software and electronic files consisting of interactive three-dimensional (3D) models and three-dimensional (3D) models
Provision of an online marketplace for connecting buyers and sellers of downloadable digital art images
Provision of an online marketplace for connecting buyers and sellers of digital assets
Provision of an online marketplace for connecting buyers and sellers of digital assets for the creation of computer-generated imagery and graphics
Provision of an online marketplace for connecting sellers and buyers of software and electronic files consisting of interactive three-dimensional (3D) models and three-dimensional (3D) models
Operating an online marketplace featuring computer software and electronic files consisting of interactive three-dimensional (3D) models and three-dimensional (3D) models
Provision of an online marketplace for connecting sellers and buyers of software and electronic files consisting of interactive three-dimensional (3D) models and three-dimensional (3D) models
Provision of an online marketplace for buyers and sellers of digital assets for use in the production of animations, simulations, visualizations, digital media, virtual environments, and virtual, augmented, mixed reality and extended reality experiences
Provision of an online marketplace for connecting buyers and sellers of digital assets for use in the creation of virtual spaces, online universes, 2D and 3D sites, 2D and 3D content, immersive and realistic interactive experiences, and metaverse environments.