The trademark Jopie was filed by Mack Media & Brands GmbH & Co KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on March 11, 2020, and received one opposition filed on June 11, 2020 by Strellson AG on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by LEO SCHMIDT-HOLLBURG WITTE & FRANK RECHTSANWÄLTE PARTNERSCHAFT MBB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 11, 2020
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 3 with following description of goods:
Cosmetics for children
Non-medicated cosmetics
Perfumery
Sun creams
Dentifrices
Soap.
The mark was filed in class 9 with following description of goods:
Virtual reality glasses
Pre-recorded videos
Downloadable comic strips
Magnets
Decorative refrigerator magnets
Virtual reality headsets
Pre-recorded video compact discs
Games software
Interactive DVDs
Media content
Animated cartoons
Downloadable sound recordings
Prerecorded CD-Is
Games software
Interactive game software
Virtual reality game software
Decorative magnets
Talking books
Pre-recorded DVDs
Animated cartoons in the form of cinematographic films
Augmented reality game software
Downloadable image files
Downloadable movies
Games software
Prerecorded motion picture videos
Downloadable computer graphics
Decorative magnets in the shape of animals
Virtual reality models
Cinematographic films
Computer hardware for games and gaming
Audio books
Prerecorded CD-ROMs
Downloadable video recordings.
The mark was filed in class 16 with following description of goods:
Comic strips
Diaries
Ball pens
Pocket books [stationery]
Postage stamps
Stationery
Books
Color pencils
Stamp albums
Magazines featuring video and computer games
3D decals for use on any surface
Books for children
Colouring books
Transfers [decalcomanias]
School supplies [stationery]
Pens
Novels
Office binders
Printed transfers for embroidery or fabric appliqués
Self-adhesive tapes for stationery use
Printed periodicals in the field of movies
Drawing paper
Children's books incorporating an audio component
Comics
Bookmarkers
Newspaper comic strips
Drawing books
Greeting cards
Holiday cards
Graphic novels
Paint boxes and brushes
Stickers [decalcomanias]
Thumbtacks [stationery]
Caricatures
Flyers
Pencil sets
Rulers
Gift wrap paper
Printed promotional material
Posters made of paper.
The mark was filed in class 21 with following description of goods:
Cups made of plastics
Glasses [drinking vessels]
Straws for drinking
Cups, not of precious metal
Drinking bottles
Mugs of precious metal.
The mark was filed in class 24 with following description of goods:
Children's duvet covers
Children's pillow cases
Beach towels, toddlers
Bed blankets for children
Children's towels
Bed clothes and blankets for children.
The mark was filed in class 28 with following description of goods:
Electronic games
Games
Sailboards
Electronic educational game machines for children
Inflatable bath toys
Magicians' sets (play things)
Playing cards
Swimming kickboards
Electronic educational teaching games
Sand toys
Rubber balls
Amusement park rides
Fairground and playground apparatus
Costumes being childrens playthings
Inflatable inner tubes for aquatic recreational use
Waterslides
Mascot dolls
Ring buoys for recreational use
Carnival masks
Water slides [play apparatus]
Children's playthings
Bathtub toys
Toys
Water toys
Plush toys
Theme park rides
Sporting articles and equipment
Hand puppets
Swimming floats for recreational use
Inflatable toys in the form of boats
Plush toys with attached comfort blanket
Inflatable games for swimming pools
Swimming pools [play articles]
Toy musical instruments
Parlour games
Video game apparatus
Puzzles
Manipulative games
Stuffed toys
Costume masks
Board games
Puppets
Toy boats
Soap bubbles [toys]
Inflatable swimming pools [play articles]
Festive decorations, party novelties and artificial Christmas trees
Water pistols
Beach balls
Swimming pool air floats
Water wings.
The mark was filed in class 32 with following description of goods:
Sports drinks
Soft drinks
Isotonic beverages
Beer and brewery products
Juices
Whey beverages
Smoothies
Energy drinks
Waters
Beverages containing vitamins.
The mark was filed in class 33 with following description of goods:
Cocktails
Pre-mixed alcoholic beverages
Wine
Spirits [beverages]
Liqueurs
Alcoholic beverages (except beer)
Rum.
The mark was filed in class 38 with following description of goods:
Video, audio and television streaming services
Streaming of video material on the internet
Streaming audio and video material on the Internet.
The mark was filed in class 41 with following description of goods:
Amusement and theme park services
Video and DVD film production
Live entertainment production services
Live entertainment
Development of formats for films
Providing online non-downloadable comic books and graphic novels
Recording studio services for films
Production of television and cinema films
Organisation of games and competitions
Animation production services
Publication of printed matter
Production of television films
Arranging and conducting of conventions
Production of live performances
Arranging of award ceremonies
Services providing entertainment in the form of live musical performances
Music composition services
Consultancy on film and music production
Audio, video and multimedia production, and photography
Providing waterpark services
Entertainment in the nature of live dance performances
Audio and video editing services
Services in the production of animated motion pictures and television features
Arranging and conducting award ceremonies
Providing online graphic novels, not downloadable
Entertainment in the nature of an amusement park ride
Arranging and conducting of games
Providing water slides for recreational purposes
Production of live entertainment events
Arranging and conducting of sports competitions
Amusement park services with a theme of films
Composition of music for others
Water chute complex operation
Special effects animation services for film and video
Production of graphical cine-film clips
Organization of electronic game competitions
Entertainment in the nature of live performances and personal appearances by a costumed character
Organisation of quizzes, games and competitions
Post-production editing services in the field of music, videos and film
Arranging and conducting of live entertainment events
Arranging of award ceremonies to recognise bravery
Creating animated cartoons
Dubbing
Arranging and conducting of conferences, congresses and symposiums
Presentation of live entertainment events
Services for the production of cine-films
Education, entertainment and sport services
Production of animated programmes for use on television and cable
Arranging of games
Entertainment services for producing live shows
Recording, film, video and television studio services
Cinematographic adaptation and editing
Recording services
Production of animated and live action programmes
Services in the production of animated motion picture entertainment
Providing multi-media entertainment via a website
Electronic game services and competitions provided by means of the internet.
The mark was filed in class 42 with Programming of computer animations and Rental of memory space for websites..
The mark was filed in class 43 with following description of goods:
Hotels, hostels and boarding houses, holiday and tourist accommodation
Provision of event facilities and temporary office and meeting facilities
Nurseries, day-care and elderly care facilities
Services for providing food and drink
Bar and restaurant services
Corporate hospitality (provision of food and drink)