Reckitt Benckiser Health Limited files opposition against trademark KY filed by Openbox Holdings Limited, a corporation established under the laws of "IM"

EUTM file information

018914372

KY

August 15, 2023

Trademark Summary

The trademark KY was filed by Openbox Holdings Limited, a corporation established under the laws of "IM" (the "Applicant"). The application was published for oppositions on September 4, 2023, and received one opposition filed on December 4, 2023 by Reckitt Benckiser Health Limited on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by POTTER CLARKSON AB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 4, 2023

The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).

The Opposition with reference B 003208041 was rejected according to Article 8(1)(b) EUTMR with decision issued on January 29, 2025 by the EUIPO.

Goods And Services

The mark was filed in class 9 with following description of goods:
1. Computer software for the administration of on-line games and gaming
2. Computer games programs [software]
3. Computer games entertainment software
4. Games Software
5. Gaming software
6. Gambling software
7. Software for computers
8. Electronic game software
9. Video game software
10. Computer game programs
11. Computer game software
12. Interactive computer game programs
13. Interactive game software
14. Interactive entertainment computer software for video games
15. Downloadable video game programs
16. Games software for use with video game consoles
17. Game programs for arcade video game machines
18. Software for arcade video game machines
19. Programs for arcade video game machines
20. Downloadable computer software
21. Downloadable application software for smartphones
22. Recorded computer game programs
23. Games software for use with computers
24. Computer hardware for games and gaming
25. Computer game software for use on mobile devices
26. Computer application software featuring games and gaming
27. Computer hardware
28. Computer games
29. Computer software platforms
30. Platform software
31. Downloadable and recorded content
32. Electronic components for gambling machines
33. Downloadable electronic publications
34. Downloadable information relating to games and gaming
35. Electronic publications featuring games
36. Media content
37. Magnetic data carriers
38. Digital recording media
39. Recording discs
40. Application software for social networking services via internet
41. Communication, networking and social networking software
42. Computer software platforms for social networking.
The mark was filed in class 28 with following description of goods:
1. Gaming machines for gambling
2. Gaming machines
3. Table-top games and gambling devices
4. Controllers for computer games
5. Games.
The mark was filed in class 41 with following description of goods:
1. Entertainment services
2. Publishing services
3. Gaming services
4. Gambling services
5. Video game services
6. Electronic games services
7. Providing an online computer game
8. Providing online video games
9. Gaming machine entertainment services
10. Casino, gaming and gambling services
11. Computer and video game amusement services
12. Video entertainment services
13. Provision of online computer games
14. Electronic publication
15. On-line game services
16. Electronic game services and competitions provided by means of the internet
17. Arranging of competitions for entertainment purposes
18. Organization of electronic game competitions
19. Multimedia publishing
20. Providing on-line electronic publications [non-downloadable]
21. Digital video, audio and multimedia entertainment publishing services
22. Games equipment rental
23. Entertainment information
24. Training consultancy
25. Providing online information on computer and video game strategies
26. Gaming services for entertainment purposes
27. Game services
28. Entertainment information services.
The mark was filed in class 42 with following description of goods:
1. Software as a service [SaaS]
2. Software as a service [SaaS] featuring software platforms for electronic gaming
3. Platform as a service [PaaS] featuring software platforms for transmission of images, audio-visual content, video content and messages
4. Programming of software for information platforms on the Internet
5. Hosting of platforms on the Internet
6. Development of hardware for use in connection with electronic and interactive multimedia games
7. Design and development of computer hardware and software
8. Design and development of computer game software
9. Development of computer platforms
10. Website design services
11. Computer programming
12. Updating of computer software
13. Rental of computer software
14. Maintenance of computer software
15. Graphic arts design
16. Design and development of computer software
17. Computer programming of computer games
18. Electronic storage of data
19. Consultancy relating to the design and development of computer programs
20. Computer consultancy and advisory services
21. Consulting services in the field of software as a service [SaaS]
22. Design of online social networking software
23. Information technology [IT] consulting services
24. Services for the provision of technological information.
The mark was filed in class 45 with following description of goods:
1. Software licensing
2. Computer software licensing
3. Licensing of computer games
4. Online social networking services accessible by means of downloadable mobile applications
5. Online social networking services
6. Licensing of rights relating to television, video and radio programs, productions and formats
7. Licensing services relating to music publishing
8. Film, television and video licensing
9. Licensing services
10. Consultancy relating to computer software licensing
11. Consultancy relating to the licensing of intellectual property.