The trademark application KinkyFans was filed by WK Media GmbH, a corporation established under the laws of the Principality of Liechtenstein (the "Applicant"). Appeal pending.
The application was filed in German (English was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on April 4, 2024. A transfer of the trademark registration was recorded on May 20, 2024.
The Refusal with reference B 018933560 was Rejected according to Article 7(1)(b) EUTMR with decision issued on August 7, 2024 by the EUIPO. The Appeal with reference B R1898/2024-5 was Trade mark application refused according to Article 7(1)(b) EUTMR with decision issued on February 25, 2025 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Downloadable computer software for enabling transmission of photographs
Computer software for the collection, organizing, transmission, storage and sharing of data and information
Computer software which facilitates online services for social networking, building social networking applications and for allowing data retrieval, upload, download, access and management
Computer software to enable uploading, downloading, accessing, posting, displaying, tagging, blogging, streaming, linking, sharing or otherwise providing electronic media or information via computer and communication networks
Computer software platforms.
The mark was filed in class 35 with Online subscription services for the purpose of allowing individuals to subscribe and access content uploaded by members of the service for sporting, fitness and entertainment purposes.
The mark was filed in class 38 with following description of goods:
Telecommunications
Providing access to interactive communication services (blogs)
Providing Internet chatrooms
Telecommunications services, namely electronic transmission of data, messages, graphics, images and information
Peer-to-peer photo sharing services, namely, electronic transmission of digital photo files among internet users
Providing access to computer, electronic and online databases
Providing online forums for communication on topics of user interest
Providing online chat rooms and electronic bulletin boards
Broadcasting services over computer or other communication networks namely, uploading, posting, displaying, tagging, and electronically transmitting data, information, messages, graphics, and images
Photo sharing and data sharing services, namely, electronic transmission of digital photo files, videos, audio visual content and data among internet and mobile device users
Electronic exchange of messages via chat lines, chatrooms and Internet forums
Video-on-demand transmission services
Video broadcasting
Providing a web site that gives users the ability to upload photographs.
The mark was filed in class 41 with following description of goods:
Providing entertainment services, namely, providing a website featuring non-downloadable video, photographs, images, audio, and text via a global computer network
Providing computer, electronic and online databases in the field of entertainment and in the fields of social and community interest groups, specifically sporting, fitness and entertainment community interest groups
Electronic journals and web logs featuring user generated or specified content in relation to sporting, fitness and entertainment purposes
Electronic publishing services for others.
The mark was filed in class 42 with following description of goods:
Technical support services, namely, providing help desk services in the field of computer software, namely, providing users with instructions and advice on the use of downloadable computer software, provided online and via e-mail
Computer services, namely, providing an interactive website featuring technology that allows users to manage their online photograph and social networking accounts. Online providing of non-downloadable software for displaying and sharing user location data, photographs and images, and for searching for and locating other users and places and interacting therewith
Online non-downloadable software for displaying and sharing user location data, photographs and images, and for searching for and locating other users and places and interacting therewith
Updating of Internet pages
Software design services
Design of computer systems
Installation and maintenance of software for Internet access
Rental and maintenance of memory space for websites, for others (hosting)
Providing or rental of electronic memory space on the Internet (web space).