The trademark JAGUAR was filed by Jaguar Land Rover Limited, a corporation established under the laws of the United Kingdom of Great Britain and Northern Ireland (the "Applicant"). The application was published for oppositions on August 15, 2023, and received one opposition filed on November 7, 2023 by FESTINA LOTUS, S.A. on Likelihood of confusion. the opponent was represented by HERRERO & ASOCIADOS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 7, 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:
Virtual reality hardware
Virtual reality headsets
Virtual reality glasses
Virtual reality models
Downloadable virtual goods, namely, downloadable digital files, images or videos for the automotive industry, transportation, travel, motor racing, entertainment, apparel, design, lifestyle, fashion, culture, technology, health and fitness, for use in online environments, virtual environments, or extended reality virtual environments
Downloadable virtual goods, namely, vehicles, vehicle parts and fittings, vehicle accessories, clothing, footwear, headgear, toys, games, playthings, model vehicles, toy vehicles, gymnastic and sporting articles and accessories, eyewear, protective clothing, bags, luggage, wallets, umbrellas, jewellery, watches, decorative articles, keyrings, drinks containers, works of art, all of the aforesaid including for use in online environments, virtual environments, or extended reality virtual environments
Downloadable virtual goods, namely, vehicles, vehicle parts and fittings, vehicle accessories, clothing, footwear, headgear, toys, games, playthings, model vehicles, toy vehicles, all authenticated by non-fungible tokens (NFTs), all of the aforesaid including for use in online environments, virtual environments, or extended reality virtual environments
Downloadable virtual goods, namely, gymnastic and sporting articles and accessories, eyewear, protective clothing, bags, luggage, wallets, umbrellas, jewellery, watches, decorative articles, keyrings, drinks containers, works of art, all authenticated by nonfungible tokens (NFTs), all of the aforesaid including for use in online environments, virtual environments, or extended reality virtual environments
Digital images of vehicles authenticated by non-fungible tokens (NFTs)
Software, namely, virtual vehicles, virtual clothing or virtual accessories for use in virtual reality environments
Downloadable software featuring access tokens for use in online virtual worlds
Digital art authenticated by non-fungible tokens (NFTs)
Downloadable digital files, namely graphic works authenticated by non-fungible tokens (NFTs)
Digital audio files authenticated by non-fungible tokens
Downloadable digital files authenticated by non-fungible tokens (NFTs)
Downloadable computer graphics
Downloadable multimedia files
Downloadable digital media, namely, digital collectibles created using blockchain-based software technology in the form of personalised photographs, images, videos and virtual experiences, relating to the automotive industry, transportation, travel, motor racing, entertainment, apparel, design, lifestyle, fashion, culture, technology, health and fitness
Digital materials, namely, unique data units being unique creative works, relating to the automotive industry, transportation, travel, motor racing, entertainment, apparel, design, lifestyle, fashion, culture, technology, health and fitness
Downloadable multimedia files containing artwork, text, audio, and video featuring vehicles, vehicle parts and fittings, vehicle accessories, clothing, footwear, headgear, toys, games, playthings, model vehicles, toy vehicles, gymnastic and sporting articles and accessories, eyewear, protective clothing, bags, luggage, wallets, umbrellas, jewellery, watches, decorative articles, keyrings, drinks containers, all the aforementioned including multimedia files authenticated by non-fungible tokens (NFTs)
Downloadable computer programs featuring vehicles, vehicle parts and fittings, vehicle accessories, clothing, footwear, headgear, toys, games, playthings, model vehicles, toy vehicles, gymnastic and sporting articles and accessories, eyewear, protective clothing, bags, luggage, wallets, umbrellas, jewellery, watches, decorative articles, keyrings, drinks containers, works of art, for use in online environments, virtual environments, and extended reality virtual environments
Software for viewing, electronically storing, sending, receiving, accepting or transmitting non-fungible tokens (NFTs)
Downloadable video or audio files certified with non-convertible coins or non-fungible tokens (NFTs)
Downloadable digital files, namely, collectibles created with blockchain-based software
Downloadable digital collectibles or digital products, namely vehicles, vehicle parts and fittings, vehicle accessories, clothing, footwear, headgear, toys, games, playthings, model vehicles, toy vehicles, gymnastic and sporting articles and accessories, eyewear, protective clothing, bags, luggage, wallets, umbrellas, jewellery, watches, decorative articles, keyrings, drinks containers, works of art
Software for authentication using blockchain-based technology
Computer software for creating, selling, accessing, managing, tracking, storing, sending, receiving and buying digital collectibles, crypto-collectibles and non-fungible tokens (NFTs)
Blockchain software
Software for use with digital currency, crypto currency and virtual currency
Software for viewing, analysing, recording, storing, monitoring, managing, trading and exchanging digital currency, virtual currency, cryptocurrency, digital and blockchain assets, digitized assets, digital tokens and crypto tokens
Software for generating virtual images
Software for use in creating and participating in virtual environments
Software for the creation, production and modification of digital animated and non-animated designs and characters, avatars, digital overlays and skins for access and use in online environments, SMS messages, emails, online chatrooms, virtual online environments, and extended reality virtual environments
Downloadable software for creating and broadcasting avatars across online social media and digital platforms
Computer application software for metaverse experience
Software for creating, manipulating and participating in 3D virtual environments
Software that enables access to an online platform and marketplace for digital art, digital goods, and virtual currencies
Computer software for transaction marketplaces and registries using blockchain-based and smart contract technology
Internet of Things [IOT] electronic devices, sensors and gateways
Simulators for provision of a virtual reality or metaverse based driving or motorsports simulation service
Simulators for provision of a virtual reality or metaverse based simulation gaming service
None being specifically for the promotion of the sport of professional American football.
The mark was filed in class 35 with following description of goods:
Advertising and marketing services provided by means of metaverse, virtual online environments or extended reality virtual environments
Conducting an incentive program whereby individuals can earn real world and virtual rewards
Administration of a rewards program featuring virtual rewards that can be redeemed in the real or virtual world
Providing an online marketplace for virtual goods authenticated by non-fungible tokens (NFTs)
Providing an online marketplace for digital files authenticated by non-fungible tokens (NFTs) and crypto-collectibles
Providing an online marketplace in relation to virtual reality games
Retail services connected with downloadable and non-downloadable virtual goods, namely, vehicles, vehicle parts and fittings, vehicle accessories, clothing, footwear, headgear, toys, games, playthings, model vehicles, toy vehicles, gymnastic and sporting articles and accessories, eyewear, protective clothing, bags, luggage, wallets, umbrellas, jewellery, watches, decorative articles, keyrings, drinks containers, works of art
Retail services connected with virtual goods, namely, access tokens for use in online virtual worlds
Retail services provided by means of metaverse, virtual online environments, or extended reality virtual environments in connection with vehicles, vehicle parts and fittings, vehicle accessories, clothing, footwear, headgear, toys, games, playthings, model vehicles, toy vehicles, gymnastic and sporting articles and accessories, eyewear, protective clothing, bags, luggage, wallets, umbrellas, jewellery, watches, decorative articles, keyrings, drinks containers, works of art
Retail services relating to digital art and creative works
Retail services relating to digital files providing collectibles, including digital collectibles authenticated by non-fungible tokens (NFTs)
Conducting interactive virtual auctions
Conducting virtual trade show exhibitions
Retail services connected with vehicles and parts, fittings and accessories for vehicles provided by means of virtual showrooms and virtual test experience centres
Information, consultancy and advice relating to the aforesaid services
None specifically for the promotion of the sport of professional American football.
The mark was filed in class 41 with following description of goods:
Entertainment services, namely, providing on-line virtual entertainment or competitions in virtual environments created for entertainment or competition purposes
Entertainment services, namely, providing an on-line virtual environment wherein users can earn reward points and virtual currency which may be used to purchase vehicles and accessories therefore
Entertainment services, namely, providing virtual environments in which users can interact for recreational, leisure, or entertainment purposes
Providing an online environment featuring streaming of entertainment content and live streaming of entertainment events
Entertainment services, namely, providing on-line, non-downloadable virtual gifts, gift certificates, rewards, points, incentives, prizes and emotes for use in virtual environments created for entertainment purposes
Ticketing and event booking services through blockchain and non-fungible tokens (NFTs)
Esports events and competitions
Organizing, arranging, and conducting virtual sports and motor sports events
E-publishing, namely, curating, publishing and distributing digital media of all kinds, in particular including virtual works of art, crypto-collectibles and blockchain-based non-fungible tokens (NFTs)
Providing of online digital publications in the form of non-fungible tokens (NFTs) in the field of digital art
Providing online exhibitions via virtual reality or augmented reality or metaverse
Entertainment services, namely, provision of a virtual reality or metaverse based simulation gaming service
None specifically relating to professional American football events
Providing of online, non-downloadable virtual goods, namely, vehicles, vehicle parts and fittings, vehicle accessories, clothing, footwear, headgear, toys, games, playthings, model vehicles, toy vehicles, for use in online environments, virtual online environments or extended reality virtual environments, created for entertainment purposes, none connected with goods which are specifically for the promotion of the sport of professional American football
Providing of online, non-downloadable virtual goods, namely, gymnastic and sporting articles and accessories, eyewear, protective clothing, bags, luggage, wallets, umbrellas, jewellery, watches, decorative articles, keyrings, drinks containers, works of art, for use in online environments, virtual online environments or extended reality virtual environments, created for entertainment purposes, none connected with goods which are specifically for the promotion of the sport of professional American football
Providing online entertainment information relating to virtual vehicle customisation for hobby or entertainment purposes
Education and training services provided by virtual means
Education and training services provided via metaverse or other digital environments
Entertainment services, namely, provision of a virtual reality or metaverse based driving or motorsports simulation service
Information, consultancy and advice relating to the aforesaid services.
The mark was filed in class 42 with following description of goods:
Hosting of non-downloadable digital content, namely, vehicles, vehicle parts and fittings, vehicle accessories, clothing, footwear, headgear, toys, games, playthings, model vehicles, toy vehicles, gymnastic and sporting articles and accessories, eyewear, protective clothing, bags, luggage, wallets, umbrellas, jewellery, watches, decorative articles, keyrings, drinks containers, works of art, for use in online environments, virtual online environments, and extended reality virtual environments
Blockchain as a Service [BaaS] for creating and managing non-fungible tokens (NFTs) in the form of virtual goods, namely, vehicles, vehicle parts and fittings, vehicle accessories, clothing, footwear, headgear, toys, games, playthings, model vehicles, toy vehicles, gymnastic and sporting articles and accessories, eyewear, protective clothing, bags, luggage, wallets, umbrellas, jewellery, watches, decorative articles, keyrings, drinks containers, works of art
Custom design services
Design of virtual goods, namely, vehicles, vehicle parts and fittings, vehicle accessories, clothing, footwear, headgear, toys, games, playthings, model vehicles, toy vehicles, gymnastic and sporting articles and accessories, eyewear, protective clothing, bags, luggage, wallets, umbrellas, jewellery, watches, decorative articles, keyrings, drinks containers, works of art
None of the aforesaid services connected with goods which are specifically for the promotion of the sport of professional American football
Design and development of computer game software, augmented reality software and virtual reality software, not specifically relating to the sport of professional American football
Providing online non-downloadable game software, not specifically relating to the sport of professional American football
Providing virtual computer systems through cloud computing
Providing virtual computer environments through cloud computing
Design and development of software in the nature of digital artwork
Software as a service [SaaS]
Platform as a service [PaaS]
Software as a service [SaaS] and platform as a service [PaaS] for software for use in connection with the providing of a digital platform for digital art, crypto collectibles, non-fungible tokens (NFTs) and marketplaces and auctions for non-fungible tokens (NFTs)
Blockchain as a Service [BaaS]
Blockchain as a Service [BaaS] for creating and managing non-fungible tokens (NFTs) in the form of unique graphics
Design of virtual vehicles, for use in online environments, virtual online environments, and extended reality virtual environments
Design of virtual vehicle factories, vehicle showrooms, shops and dealerships and points of sale for vehicles, for use in online environments, virtual online environments, and extended reality virtual environments
Authenticating works of art
Design, development and providing of non-fungible tokens (NFTs), virtual works of art, crypto-collectibles, blockchain-based non-fungible valuables and cryptocurrency and of software granting a claim for the aforesaid or enabling the user the independent creation thereof
Design and development of application software for metaverse
Design and development of virtual reality software
Computer services, namely, creating an on-line virtual environment for vehicle trading
Programming virtual vehicles for use in online environments, virtual environments, or extended reality virtual environments
Information, consultancy and advice relating to the aforesaid services.