The trademark was filed by Astral IP Enterprise Ltd., a corporation established under the laws of Canada (the "Applicant"). The application was published for oppositions on September 4, 2023, and received one opposition filed on October 19, 2023 by ILC Trademark Corp. on Likelihood of confusion. the opponent was represented by GALLO & PARTNERS S.R.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 19, 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 003205218 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on October 2, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer game software, downloadable
Computer operating programs, recorded
Computer programs, downloadable
Computer programs, recorded
Computer screen saver software, recorded or downloadable
Computer software applications, downloadable
Computer software platforms, recorded or downloadable
Apparatus and instruments for physics
Apparatus for broadcasting sound, data or images
Apparatus for reproduction of sound
Apparatus for reproduction of images
Apparatus for the reproduction of data
Apparatus for downloading audio, video and data from the internet
Sound recording apparatus
Image recording apparatus
Artificial intelligence software
Audio- and video-receivers
Communication software for connecting global computer networks
Communication software for connecting computer network users
Programs for smartphones
Software for smartphones
Computer software for communicating with users of hand-held computers
Downloadable computer software for use as an application programming interface (API)
Downloadable applications for use with mobile devices
Downloadable computer game programs
Downloadable computer games
Downloadable computer graphics
Downloadable computer software
Downloadable computer software for the transmission of information
Downloadable computer software for the management of data
Application software for cloud computing services
Software for Digital Distributed Storage
Downloadable computer software for remote monitoring and analysis
Video digitizers
Video cassettes
Video accelerators
Video servers
Video processors
Video recorders
Video reproducing apparatus
Downloadable digital music
Digital music downloadable provided from a computer database or the internet
Downloadable digital music provided from MP3 Internet web sites
Downloadable interactive entertainment software for playing computer games
Downloadable interactive entertainment software for playing video games
Downloadable mobile applications
Downloadable smart phone application [software]
Downloadable software applications for mobile phones
Downloadable smart phone application software.
The mark was filed in class 35 with following description of goods:
Advertising agency services
Advertising services
Marketing in the framework of software publishing
Data search in computer files for others
Advertising by transmission of on-line publicity for third parties through electronic communications networks
Commercial information agency services
Compilation of information into computer databases
Consultancy regarding public relations communication strategies
Data processing services
Marketing services
Provision of advertising space by electronic means and global information networks
Provision of an online marketplace for buyers and sellers of goods and services
Systemization of information into computer databases
Updating and maintenance of data in computer databases
On-line advertising on a computer network
Producing promotional videotapes, video discs, and audio visual recordings
Commercial information services, via the internet
Production of commercials
Providing business information directory services, via a global computer network
Rental of advertising time on communication media
Presentation of goods on communication media, for retail purposes
Retail services for computer software
Online retail services for downloadable and pre-recorded music and movies
Retail services in relation to downloadable electronic publications
Providing consumer product information relating to software.
The mark was filed in class 41 with following description of goods:
Coaching [training]
Organization of competitions [education or entertainment]
Lending library services
Providing online electronic publications, not downloadable
Entertainment services
Zoological garden services
Modelling for artists
Teaching
On-line game services
Providing amusement arcade services
Video editing services for events
Audio and video recording services
Providing online videos, not downloadable
Audio, film, video and television recording services
Post-production editing services in the field of music, videos and film
Operation of video and audio equipment for the production of radio and television programs
Videotape editing
Providing entertainment information via a website
Production of video and audio recordings
Production of sound and video recordings.
The mark was filed in class 42 with following description of goods:
Conversion of data or documents from physical to electronic media
Computer software design
Computer programming
Software as a service [SaaS]
Technological research
Interior design
Dress designing
Graphic arts design
Industrial design
Quality control
Clinical trials
Computer system analysis
Providing search engines for the internet
Video game development services
Computer-aided design of video graphics
Design and development of video game software
Programming of video game software
Compilation of computer programs
Development of computer platforms
Development of computers
Design, maintenance and updating of computer software
Design, development and programming of computer software.