The trademark LUCKYLOOPS was filed by Kalamba Ltd, a corporation established under the laws of the Republic of Malta (the "Applicant"). The application was published for oppositions on April 6, 2020, and received one opposition filed on June 30, 2020 by Telefónica Germany GmbH & Co. OHG on Likelihood of confusion. the opponent was represented by MÜLLER FOTTNER STEINECKE Rechtsanwälte PartmbB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 30, 2020
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer software for betting, gaming and gambling and for gaming machines
Software relating to slot machines and slot machine games
Computer software for data mining, data query, data processing and data analysis all relating to gaming, gambling and/or betting
Computer software for designing, developing, modifying and improving computer software, applications, computer and video games, websites and audio visual content and the marketing, promotion, sale, distribution, monetisation and operation of the foregoing
Computer software
Computer and video games software
Interactive entertainment software
Computer software downloaded or downloadable
Computer software for gathering, processing, analysing, managing and reporting information concerning online, internet and web site activity all relating to gaming, gambling and/or betting
Computer software publications downloaded
Data recorded electronically from the Internet
Data recorded in machine readable form from the Internet
Discs, tapes, cartridges, CD-ROMs, DVDs and other magnetic, electronic or optical media, all bearing computer games, software and/or audio visual content
Electronic publications provided by electronic mail
Communications hardware and software
Interactive computer systems
Computer application software featuring games and gaming
Gaming software that generates or displays wager outcomes of gaming machines
Application software
Application software for cloud computing services
Downloadable application software for smart phones
Application software for wireless devices
Application software for mobile phones
Computer application software for TV
Application software for smart TV
Software applications
Computer application software for mobile phones
Computer software for application and database integration
Computer application software for use with wearable computer devices
Computer software for controlling and managing access server applications
Computer software for use as an application programming interface (API)
Computer application software for use in implementing the Internet of Things [IoT]
Computer software for use on computer networks, including the Internet for gaming, gambling and betting
Downloadable software in the nature of a mobile application for playing games
Computer software to enhance the audio-visual capabilities of multimedia applications, namely, for the integration of text, audio, graphics, still images and moving pictures, all relating to or featuring gaming, gambling or betting, amusement and entertainment services, games, card games, bingo games, casino games, slot machine games, and sports betting
Credit cards
Prepaid cards, magnetic, charge, discount and encoded cards all relating to gaming, gambling and/or betting
Loyalty schemes cards
Magnetic cards for use in connection with promotion schemes
Electronic publications
Downloadable electronic publications in the nature of books, newspapers, newsletters, magazines, brochures, booklets, pamphlets and manuals featuring gaming, gambling and betting
Electronic publications, namely books, newspapers, newsletters, magazines, brochures, booklets, pamphlets and manuals featuring gaming, gambling and betting
Information recorded on computer media
Electronic number generators
Electronic number terminals
Calculators
Magnetically encoded cards.
The mark was filed in class 38 with following description of goods:
Provision of access to websites
Provision of access to the internet portals
Provision of information, advice and consultancy in relation to the aforementioned services
Provision of access to gambling, gaming and betting services over the internet
Provision of access to websites in the field of gambling, gaming or betting
Internet portal services, namely providing access to an online portal for customers to participate in online gambling, gaming or betting
Providing access to multiple user network systems allowing access to gambling, gaming and betting information and services over the Internet and other global networks
Providing on-line electronic bulletin board services and chat rooms
Providing access to an on-line service enabling physically remote players of electronic games to communicate with selected players
Facilitating access to a worldwide computer and/or telecommunications networks for downloading computer software and information
Telecommunications
Broadcasting services
Broadcasting via the Internet, mobile phone networks and other telecommunications networks
Telecommunication services for the collection and supply of information
Electronic transmission of data and information via a global computer network
Providing a high speed access to area networks and a global computer information network
Communication and broadcasting of information and advertising by computer, computer terminals, the internet, television, mobile communications device, telegraphy, telephone, wireless communications device or other electronic means
Internet communication services in relation to gambling, gaming and betting.
The mark was filed in class 41 with following description of goods:
Entertainment
Sporting and cultural activities
Online gaming services, gambling and betting services
Leasing of casino games
Gambling services for the operation of computerised bingo
Providing of casino and gaming facilities
Virtual slot machines and other instant win games
Sports betting and raffles and online sports-book services
Providing casino games including roulette games, blackjack, scratch cards, baccarat, slot machines, poker games and sports betting
Providing a poker game that may be accessed network-wide by network users
Providing multi-player card games that may be accessed network-wide by network users
Organization of entertainment, amusement, competitions, gaming, gambling, betting.
The mark was filed in class 42 with following description of goods:
Software development services
Software development services for the development of software and software platforms for gambling, gaming and/or betting
Software support and maintenance services
Software support and maintenance services for software and software platforms for gambling, gaming and betting
Consultancy in the field of computer software and computer hardware for the gambling, gaming and/or betting industries
Consultancy services in the field of computer software design, installation, programming and maintenance