The trademark dott was filed by Mktplace – Comércio Eletrónico, S.A., a corporation established under the laws of the Portuguese Republic (the "Applicant"). The application was published for oppositions on September 7, 2023, and received one opposition filed on December 6, 2023 by Take-Two Interactive Software, Inc. on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Fieldfisher (Belgium) LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 6, 2023
The application was filed in Portuguese, and Portuguese was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on February 1, 2024.
Goods And Services
The mark was filed in class 9 with following description of goods:
Software programs for video games
Computer gaming software
Downloadable electronic game programs
Electronic publications, downloadable, relating to games and gaming
Entertainment software
Interactive entertainment software
Downloadable interactive entertainment software for playing video games
Downloadable interactive entertainment software for playing computer games
Interactive game software
Computer programs, downloadable
Computer programs, recorded
Computer programs for video and computer games
Video games [computer games] in the form of computer programs recorded on data carriers
Downloadable computer game programs
Recorded computer game programs
Interactive computer game programs
Interactive multimedia computer game programs
Computer games programmes downloaded via the internet [software]
Interactive video game programs
Interactive computer software
Electronic game software for mobile phones.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions services
Business organization consultancy
Business research
Commercial administration of the licensing of the goods and services of others
Compilation of information into computer databases
Compilation of statistics
Computerized file management
Cost price analysis
Production of advertising films
Professional business consultancy
Publicity columns preparation
Publicity material rental
Radio advertising
Relocation services for businesses
Rental of advertising space
Retail and wholesale services in relation to the following goods: Software, computer game entertainment software, downloadable software, downloadable electronic games, video game software
Retail services in relation to the following goods: Interactive multimedia computer game programs, Computer game software for use on mobile phones, smartphones, tablets and other electronic mobile devices
Retailing in relation to the following goods: games software downloadable to mobile phones, smartphones, tablets and other electronic mobile devices, apps featuring computer games
Retail services in respect of enhancements and components within computer games and video games.
The mark was filed in class 38 with Transmission of videos, movies, pictures, images, text, photos, games, user-generated content, audio content, and information via the Internet.
The mark was filed in class 41 with following description of goods:
Provision of on-line computer games
Entertainment services
Entertainment services, namely, providing of non-downloadable computer games
Video game services
Video game entertainment services
Computer and video game amusement services
Multimedia entertainment software publishing services
Providing online information on computer and video game strategies
Entertainment services, namely, conducting contests online
Entertainment services, namely, providing online news, articles, blogs, portals, webcasts, podcasts, information, commentary and strategies related to games, including electronic, computer and video games
Providing online entertainment in the nature of game tournaments
Organising tournaments and exhibitions for computer video gaming contests
Arranging, planning and conducting exhibitions and special events between computer game players and interest groups, for entrainment purposes, via a website
Providing online news and information in the field of computer games.
The mark was filed in class 42 with following description of goods:
Design and development of computer games and video games
Design and development of multimedia applications for entertainment purposes
Providing information in the field of computer game software via the Internet
Production of video and computer game software
Providing an internet website portal in relation to the following fields: Computer games and games.