The trademark WEIRD FISH was filed by Weird Fish S.A., a corporation established under the laws of the Republic of Poland (the "Applicant"). The application was published for oppositions on March 3, 2020, and received one opposition filed on June 2, 2020 by Weird Fish Limited on Unfair advantage /detriment to distinctiveness or repute. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 2, 2020
The application was filed in Polish, and Polish was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003123034 was rejected according to Article 8(5) EUTMR with decision issued on August 26, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Software programs for video games
Computer gaming software
Interactive entertainment software
Computer game software for use with on-line interactive games
Electronic game software for wireless devices
Electronic game software for mobile phones
Electronic game software for handheld electronic devices
Games software for use with video game consoles
Computer application software featuring games and gaming
Computer game software downloadable from a global computer network
Interactive game software
Computer game software, downloadable
Computer game software for use on mobile and cellular phones
Virtual reality game software
Entertainment software
Downloadable computer games
Electronic publications, downloadable, relating to games and gaming.
The mark was filed in class 28 with following description of goods:
Electronic games
Electronic games other than those adapted for use with television receivers only
Skill and action games
Hand-held game consoles
Electronic games apparatus
Apparatus for electronic games adapted for use with an external display screen or monitor
Hand-held electronic games
Hand-held consoles for playing video games
Hand-held electronic video games.
The mark was filed in class 41 with following description of goods:
Computer and video game amusement services
Electronic games services
Electronic game services provided by means of the internet
Electronic games services provided by means of a global communication network
Electronic games services, including provision of computer games on-line or by means of a global computer network
Electronic games services provided from a computer database or by means of the internet
Game services provided online from a computer network
On-line gaming services
Online game services through mobile devices
Virtual reality game services provided on-line from a computer network
Providing newsletters in the field of computer games via e-mail.