The trademark FOOBA was filed by SKILL Sports Sàrl, a corporation established under the laws of the Swiss Confederation (the "Applicant"). The application was published for oppositions on September 27, 2020, and received one opposition filed on December 10, 2020 by Fédération Internationale De Basketball (FIBA) on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by ELZABURU, S.L.P. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 10, 2020
The application was filed in English, and English was also language of all opposition proceedings (Spanish was selected as the second language).
The Appeal with reference B R0453/2023-2 was No decision on opposition according to Article 8(5) EUTMR with decision issued on February 14, 2024 by the EUIPO. The Opposition with reference B 003136558 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on October 1, 2024 by the EUIPO. The Opposition with reference B 003136558 was rejected according to Article 8(1)(b) EUTMR with decision issued on February 6, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Accelerometers
Application software
CD ROMs
Cell phone cases
Compact discs
Computer application software featuring games and gaming
Computer game discs
Computer game software for use with on-line interactive games
Computer games software
Computer programmes for playing games
Computer software
Computer software for the administration of on-line games and gaming
Computer software platforms
Computer software platforms for social networking
Computer software platforms, recorded or downloadable
Downloadable computer game software
Downloadable interactive entertainment software for playing computer games
Downloadable interactive entertainment software for playing video games
Electronic imaging devices
Electronic memory devices
Electronic monitoring instruments, other than for medical use
Electronic publications
Electronic publications, downloadable
Game development software
Multimedia devices
Pedometers
Platform software
Sensors
Smart bracelets
Software
Sound recordings
USB hardware
Video discs
Video games for all electronic platforms such as mobile devices
Video games software
Video recordings
Computer games.
The mark was filed in class 25 with following description of goods:
Clothing
Footwear
Headwear.
The mark was filed in class 28 with following description of goods:
Sporting articles and equipment
Hand held video games
Balls being sporting articles
Exercise balls
Inflatable balls for sports
Basketballs
Basketball backboards
Basketball baskets
Shin guards [sports articles]
Shin guards for soccer
Soccer ball bags
Ball holders
Football gloves
Sports games
Soccer ball goal nets
Goal nets
Basketball nets
Soccer balls
Reduced sized footballs
Games
Toys
Toys adapted for educational purposes
Toy tools
Playthings
Toy figurines
Gymnastic and sporting articles
Christmas tree decorations
Bladders of balls for games
Festive decorations, party novelties and artificial Christmas trees
Protective paddings [parts of sports suits]
Home video game machines
Electronic games
Hand-held units for playing electronic games
Action skill games.
The mark was filed in class 41 with following description of goods:
Providing games
Education, entertainment and sports
Tuition in sports
Physical education
Basketball instruction
Primary education services
Providing of training
Coaching [training]
Educational instruction
Occupationally orientated instruction
Provision of training and education
Training of teachers
Training of referees
Adult training
Physical fitness instruction
Entertainment, sporting and cultural activities
Organisation of sports competitions
Arranging and conducting of sports competitions
Organizing and conducting college sport competitions
Organising of sporting activities and of sporting competitions
Administration [organisation] of contests
Arranging of competitions for educational purposes
Arranging of conferences
Organising of educational lectures
Arrangement of conferences for educational purposes
Organisation of meetings and conferences
Organisation of conferences, exhibitions and competitions
Sporting activities
Sporting and cultural activities
Education
Providing of training
Entertainment
Academies [education]
Arranging and conducting of congresses
Arranging and conducting of seminars
Arranging and conducting of symposiums
Arranging and conducting of workshops [training]
Club services [entertainment or education]
Correspondence courses
Education information
Educational examination
Electronic desktop publishing
Entertainer services
Entertainment information
Film production
Game services provided on-line [from a computer network]
Gaming services
Gymnastic instruction
Health club services
Holiday camp services [entertainment]
Microfilming
Mobile library services
Bookmobile services
Movie studios
News reporters services
Organization of exhibitions for cultural or educational purposes