The trademark GODS & MONSTERS was filed by UBISOFT ENTERTAINMENT, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on November 6, 2019, and received one opposition filed on February 5, 2020 by Monster Energy Company on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by BIRD & BIRD LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 5, 2020
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on January 9, 2020. Appointment and Replacement of representative of the trademark registration was recorded on January 23, 2020. Change of name and address of the trademark registration was recorded on February 23, 2020. Change of name and address of the trademark registration was recorded on March 7, 2022. Appointment and Replacement of representative of the trademark registration was recorded on June 12, 2022. Change of name and professional address of the trademark registration was recorded on October 3, 2023.
The Opposition with reference B 003110783 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on December 21, 2023 by the EUIPO. The Appeal with reference B R0448/2024-2 was Other according to Article 71(1) EUTMR with decision issued on September 17, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Apparatus for recording, transmission, reception, reproduction and processing of sound and images
Magnetic, optical, numerical and electronic data carriers
Magnetic, optical and numerical discs
Computer programs
Digital personal organiser, computer memories
Printed circuits
Computers
Computer peripheral devices, namely screens, keyboards, mice, consoles and control levers, readers of magnetic, optical and digital disks and diskettes
Telephone and telecommunications apparatus
Computer programmes, recorded
Computer game software
Computer software (recorded programs)
Software for playing video, computer and on-line games
Downloadable computer game software
Virtual reality game software
Augmented reality game software
Computer software for virtual escape games
Multimedia and interactive software
Computer software on mobile telephones and electronic tablets
Magnetic, optical and digital media for computer programs
CD-ROMs
Compact discs
Computer games in the form of computer programs recorded on data carriers
Video games and audio on discs [computer software]
Video games and audio [computer games] in the form of computer programs recorded on data carriers
Electronic publications, downloadable
Audio books
Electronic books and comic books
Downloadable applications with interactive stories for mobile phones and tablets
Downloadable applications with stories for mobile phones and tablets
Software featuring music and motion picture sound tracks
Cinematographic films
Mouse pads
Components for all the aforesaid goods.
The mark was filed in class 14 with following description of goods:
Precious metals and their alloys
Jewellery, precious stones
Horological and chronometric instruments
Pendulums (clock and watch making)
Alarm clocks
Desk clocks
Pocket watches
Alarm watches
Sports watches
Jewelry
Costume jewellery
Bracelets
Ankle bracelets
Chains (jewellery)
Medals
Fobs (jewellery)
Earrings
Lapel pins of precious metals
Tie pins
Tie-clasps
Necklaces [jewellery]
Ornamental pins of precious metal
Pendants
Rings (jewellery, jewelry (am.))
Novelty key rings
Action figures (decorative) of precious metals
Figurines of precious stones
Figurines coated with precious metal
Amulets [jewellery, jewelry (Am.)]
Cases for clocks, watches or jewels
Jewel cases of precious metal
Coins.
The mark was filed in class 16 with following description of goods:
Paper, cardboard
Printed matter
Adhesives (bands, tapes, glues) for stationery purposes
Photographs
Stationery
Printed matter and publications relating to computer games
Artists' materials'
Paint brushes
Instructional and teaching material (except apparatus)
Artists' materials
Paint boxes and brushes
Office equipment (except furniture)
Office requisites
School supplies [stationery]
Writing materials
Pen cases and boxes
Pencil and pen holders
Blotters and jotters
Writing or drawing books
Teaching materials in the form of games (books)
Book markers and book ends
Bookmarkers
Bags of paper
Envelopes (stationery)
Pouches for packaging (of paper or plastic)
Posters
Advertisement boards of paper or cardboard
Scrapbooks
Comics
Almanacs
Pamphlets on video games
Calendars
Greetings cards
Appointment books
Drawings
Stickers [stationery]
Newspapers
Books
Booklets
Manuals [handbooks]
Note pads and note books
Colouring books
Drawing and writing pads
Magazines and periodical publications
Address books
Prospectuses
Publications
Journals
Rub down transfers
Gift wrap
Table napkins of paper
Paper party decorations
Graphic reproductions
Reproduction of documents.
The mark was filed in class 18 with following description of goods:
Leather and imitations of leather
Animal skins, hides
Trunks, suitcases and travelling bags
Umbrellas, big umbrellas and walking sticks
Whips, harness and saddlery
Athletic bags
Bath bags
Beach bags
Book bags
Diaper bags
Duffel bags
Bags made of leather
Satchels
Shoe bags
Bags (net -) for shopping
Travelling bags
Suit carriers being travelling bags
Waist bags
Weekend bags
Work bags
Rucksacks
Bum-bags
Belt bags and hip bags
Wallets
Change purses
Mesh bags not of precious metals
Clutch purses
Cosmetic bags (empty)
Cases for personal hygiene preparations (empty)
Vanity cases sold empty
Evening handbags
Handbags made of leather
Purses, not of precious metal.
The mark was filed in class 25 with following description of goods:
Clothing
Costumes
Shoes
Headgear.
The mark was filed in class 28 with following description of goods:
Games and playthings
Apparatus for electronic games (other than those adapted for use with television receivers only)
Electronic game consoles
Toy action figurines
Model figures [toys or playthings]
Scale model vehicles
Game tables
Dolls
Clothes for dolls
Plush toys
Parlour games
Automatic games apparatus, other than coin-operated and those adapted for use with television receivers only
Game apparatus for use with television receivers only
Playthings, automatic coin-operated games
Card games.
The mark was filed in class 41 with following description of goods:
Education
Tuition
Schooling
Providing of training
Entertainment
Sporting and cultural activities
Organisation of competitions relating to video games, education and/or entertainment
Arranging and conducting of colloquiums, conferences and congresses
Organization and holding of exhibitions for cultural or educational purposes
Organisation of exhibitions in the field of entertainment
Publishing of entertainment, educational and instructional texts
Publication of press magazines
Newspaper publication
Publication of books
Newspaper publication
Publication of magazines
Publication of books
Providing of training in information technology and telecommunications techniques
Information about online computer games and other online entertainment
Games offered online (on a computer network)
Online virtual reality games
Online augmented reality game services
Providing of virtual escape games online
Providing games by or for use on cellular telephones
Providing of non-downloadable online video clips and other digital multimedia content providing audio and video content taken from or in connection with a video game
Services for the provision of online interactive stories
Services for the provision of online interactive fiction stories
Games via cellular telephones
Educational and recreational services, Namely providing of non-downloadable video games via an on-demand or subscription service
Entertainment, namely provision of entertainment in the form of contests, games, tournaments, demonstrations, competitions and events relating to esports and video games
Organisation of esports and video game leagues (organisation of electronic game competitions)
Film production, other than advertising films
Production of radio and television programmes, television programmes, shows
Production of cinematographic films
Entertainment in the form of continuous television programmes in the fields of comedy and drama
Provision of non-downloadable television programs via video on demand (VOD) and subscription video on demand (SVOD)
Television entertainment
Provision of non-downloadable films and video games via online video on-demand services
Provision of online non-downloadable digital multimedia content containing audio, video, illustrations and/or text from a television drama series or relating thereto
Entertainment, namely providing of interactive multiplayer computer games via the internet and electronic communications networks
Movie studios
Rental of video films and games
Rental of sound and video recordings
Entertainment services in the nature of an amusement park attraction, namely, a themed area
Providing of facilities for recreational activities, namely entertainment in the form of interactive escape games
Amusement park and theme park services
Arranging of shows
Escape game services
Creation of game scenarios
Adventure games in halls
Amusement centres (entertainment)
Leisure, relaxation and amusement services (entertainment)
Recreation facilities (Providing -)
Video game production
Production of radio programmes, television programmes and cinema and television entertainment
Recording of sound (recording studios) or images (filming) on magnetic recording media.