The trademark GLITCH was filed by Twitch Interactive, Inc., a U.S. corporation (the "Applicant"). The application was published for oppositions on November 8, 2020, and received one opposition filed on February 8, 2021 by NOIS DE PROFIT, S.L. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by Puigdengolas Sanfeliu, Maria Merce and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 8, 2021
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on July 14, 2020. Appointment and Replacement of representative of the trademark registration was recorded on January 6, 2021. Appointment and Replacement of representative of the trademark registration was recorded on September 6, 2021.
Goods And Services
The mark was filed in class 6 with General purpose metal storage bins and boxes of common metal..
The mark was filed in class 9 with following description of goods:
Computer software for broadcasting, transmitting, receiving, accessing, viewing, uploading, downloading, sharing, integrating, encoding, decoding, displaying, formatting, organizing, storing, caching, transferring and streaming of data, text, games, game content
Application programming interface (API) software for broadcasting, transmitting, receiving, accessing, viewing, uploading, downloading, sharing, integrating, encoding, decoding, displaying, formatting, organizing, storing, caching, transferring and streaming of data, text, games, game content
Computer software for electronic mail, messaging, chat and social networking
Computer software for creating, displaying and sharing emoticons
Computer software development tools
Software for developing and publishing applications for interactive streaming
Software development kits (SDK's)
Software that enables users to designate specific content for future viewing
Electronic game streaming devices
Computer hardware
Computer hardware with specialized features for enhanced game playing
Game software
Computer games
Video games
Computer software
Mobile application software
Character and voice recognition software
Computer software for creating, placing, transmitting and measuring the effectiveness of advertisements
Computer software for accessing, browsing and searching online databases
Software for filtering internet searches
Parental control software
Software that allows gamers to live broadcast their games from a gaming console, or to watch games being played by others
Computer peripherals
USB (universal serial bus) hardware
Computer memory hardware
Keyboards
Computer mice
Mouse pads
Headphones
Earphones
Headsets
Cases for mobile phones
Battery charge devices
Cases for computers
Bags and cases specifically adapted for computers, computer peripherals and their accessories
Keyboards for video game consoles and video game machines
Video game controller chargers
Gaming headsets adapted for use in playing video games
Parts and fittings for handheld game apparatus with liquid crystal displays, namely, power supplies, cable, and battery chargers
All of the aforesaid goods solely in relation to gaming.
The mark was filed in class 11 with following description of goods:
Lamps
Flashlights
Electric fans.
The mark was filed in class 14 with following description of goods:
Jewelry
Jewels
Watches
Clocks
Watch straps and watch bands
Jewelry boxes
Boxes of precious metal
Key rings of precious metal
Cuff-links
Figurines of precious metal
Leather key chains
Key fobs, not of metal
Plastic key chain tags.
The mark was filed in class 16 with following description of goods:
Pen and pencil cases and boxes
Writing instruments, pens, pencils
Book marks
Pen holders
Binders, drawing instruments, clip boards
Paper weights
Napkins and paper bags
Gift wrapping paper
Paper gift tags
Money clips
All of the aforesaid goods solely in relation to gaming.
The mark was filed in class 18 with following description of goods:
Leather and imitation leather
Luggage
Luggage tags
Carrying cases
Athletic bags
Sports bags
Beach bags
Business card cases
Key cases
Travelling bags
Handbags
Purses
Fanny packs
All-purpose carrying bags
Tote bags
Shoulder bags
Backpacks
Coin purses
Wallets
Credit card cases
Umbrellas and parasols
Beach umbrellas
Reusable shopping bags.
The mark was filed in class 20 with following description of goods:
Furniture
Picture, painting and art frames
Pillows
Cushions
Nonmetal and non-paper containers for storage or transport
Hand fans.
The mark was filed in class 21 with following description of goods:
Dinnerware
Dishware
Dishes
Beverageware
Beverage glassware
Insulating sleeve holders for beverage cans
Plates
Bowls
Cups
Mugs
Tumblers
Water bottles sold empty
Saucers
Pitchers
Disposable cups, plates and bowls
Canister sets
Ice buckets
Glass stoppers for bottles
Salt and pepper grinders
Bottle openers
Lunchboxes
Containers for household use
Baskets for domestic use
Candle holders
Ceramic and porcelain holiday ornaments
Dish cloths.
The mark was filed in class 22 with Mesh bags for storage and lanyards for rigging..
The mark was filed in class 24 with following description of goods:
Linen
Table linen
Bed linen
Bath linen
Household linen
Towels
Bath towels
Beach towels
Place mats of textile
Bed blankets
Duvets
Pillow cases
Bedsheets
Shower curtains.
The mark was filed in class 26 with following description of goods:
Ribbons
Bows, not of paper, for gift wrapping
Armbands [clothing accessories]
Belt buckles
Shoe laces.
The mark was filed in class 27 with following description of goods:
Floor coverings
Floor mats
Bath mats
Beach mats
Door mats
Wallcoverings
Decorative wall hangings, not of textile.
The mark was filed in class 28 with following description of goods:
Card games
Dice games
Parlor games
Puzzles
Action figures
Toy figures
Battery-operated action toys
Water toys
Wind-up toys
Balloons
Bendable toys
Stuffed animals [toys]
Inflatable toys
Mechanical action toys
Musical toys
Party favors in the nature of small toys
Plush toys
Stuffed toys
Stuffed toy animals
Bean bag toys
Toy and novelty face masks
Snow globes
Balls for games and sports
Golf balls
Bags specially adapted for sports equipment
Video game consoles
Electronic game controllers
Accessories for video game consoles and video game machines, namely, specially adapted mice
Electronic game peripherals, namely, video game joysticks and video game controllers
LCD game machines
Handheld units for playing electronic games
Handheld game consoles
Cases for video game consoles and video game console accessories
Protective carrying cases specially adapted for handheld video game systems
Christmas tree decorations
Pet toys
Outdoor festive decorations
Game consoles and controllers
Electronic games.
The mark was filed in class 30 with Candy and candy mints..
The mark was filed in class 32 with Bottled water.
The mark was filed in class 35 with following description of goods:
Advertising and marketing
Promoting the goods and services of others
Retail services connected with the sale of general purpose metal storage bins, boxes of common metal, Computer software for broadcasting, transmitting, receiving, accessing, viewing, uploading, downloading, sharing, integrating, encoding, decoding, formatting, organizing, storing, text, games, game content, Application programming interface (API) software for broadcasting, transmitting, receiving, accessing, viewing, uploading, downloading, sharing, integrating, encoding, decoding, displaying, formatting, organizing, storing, caching, transferring and streaming of data, text, games, game content, Computer software for electronic mail, messaging, chat and social networking, Computer software for creating, displaying and sharing emoticons, Software for purchasing and subscribing to digital media content, Computer software development tools, Software for developing and publishing applications for interactive streaming, Software development kits (SDK's), Software that enables users to designate specific content for future viewing, Electronic game, Computer hardware, Computer hardware with specialized features for enhanced game playing, Game consoles and controllers, Game software, Computer games, Electronic games, Video games, Computer software, Mobile application software, Character and voice recognition software, Computer software for creating, placing, transmitting and measuring the effectiveness of advertisements, Computer software for accessing, browsing and searching online databases, Software for filtering internet searches, Parental control software, Software that allows gamers to live broadcast their games from a gaming console, or to watch games being played by others, data processing equipment, computer peripherals, USB (universal serial bus) hardware, computer memory hardware, keyboards, computer mice, mouse pads, headphones, earphones, headsets, cases for mobile phones, battery charge devices, cases for computers, bags and cases specifically adapted for computers, data processing equipment, computer peripherals and their accessories, keyboards for video game consoles and video game machines, video game controller chargers, gaming headsets adapted for use in playing video games, parts and fittings for handheld game apparatus with liquid crystal displays, namely, power supplies, cable, and battery chargers, Lamps, flashlights, electric fans, leather key chains, key fobs, not of metal, pen and pencil cases and boxes, stationery cases, writing instruments, pens, pencils, book marks, pen holders, bookends, drawing instruments, clip boards, paper weights, namely, napkins and paper bags, gift wrapping paper, paper gift tags, money clips, Leather and imitation leather, luggage, luggage tags, carrying cases, athletic bags, sports bags, beach bags, business card cases, key cases, credit card cases, umbrellas and parasols, beach umbrellas, Furniture, painting and art frames, plastic key chain tags, pillows, cushions, nonmetal and nonpaper containers for storage or transport, hand fans, candle holders, ceramic and porcelain holiday ornaments, Mesh bags for storage, lanyards, Linen, table linen, bed linen, bath linen, household linen, towels, bath towels, beach towels, place mats of textile, bed blankets, duvets, pillow cases, bedsheets, dish cloths, shower curtains, Floor coverings, floor mats, bath mats, beach mats, door mats, wallcoverings, decorative wall hangings, not of textile, Card games, dice games, parlor games, puzzles, action figures, toy figures, battery-operated action toys, water toys, wind-up toys, balloons, bendable toys, stuffed animals [toys], inflatable toys, mechanical action toys, musical toys, party favors in the nature of small toys, plush toys, stuffed toys, stuffed toy animals, bean bag toys, toy and novelty face masks, snow globes, balls for games and sports, golf balls, bags specially adapted for video game consoles, electronic game controllers, accessories for video game consoles and video game machines, namely, specially adapted mice, electronic game peripherals, namely, video game joysticks and video game controllers, LCD game machines, handheld units for playing electronic games, handheld game consoles, cases for video game consoles and video game console accessories, protective carrying cases specially adapted for handheld video game systems, Christmas tree decorations, pet toys, outdoor festive decorations, Candy, candy mints, Bottled water
Online retail services connected with the sale of general purpose metal storage bins, boxes of common metal, Computer software for broadcasting, transmitting, receiving, accessing, viewing, uploading, downloading, sharing, integrating, encoding, decoding, displaying, formatting, organizing, storing, caching, transferring and streaming of text, games, game content, programming interface (API) software for broadcasting, transmitting, receiving, accessing, viewing, uploading, downloading, sharing, integrating, encoding, decoding, displaying, formatting, organizing, storing, caching, transferring and streaming of text, games, game content, Computer software for electronic mail, messaging, chat and social networking, Computer software for creating, displaying and sharing emoticons, Software for purchasing and subscribing to digital media content, Computer software development tools, Software for developing and publishing applications for interactive streaming, Software development kits (SDK's), Software that enables users to designate specific content for future viewing, Electronic game, music and Computer hardware, Computer hardware with specialized features for enhanced game playing, Game consoles and controllers, Game software, Computer games, Electronic games, Video games, Computer software, Mobile application software, Computer software for management and storage of digital media, Character and voice recognition software, Computer software for creating, placing, transmitting and measuring the effectiveness of advertisements, Computer software for accessing, browsing and searching online databases, Software for filtering internet searches, Parental control software, Software databases, Software for filtering internet searches, Parental control software, Software that allows gamers to live broadcast their games from a gaming console, or to watch games being played by others, data processing equipment, computer peripherals, USB (universal serial bus) hardware, computer memory hardware, keyboards, computer mice, mouse pads, headphones, earphones, headsets, cases for mobile phones, battery charge devices, cases for computers, data processing equipment, computer peripherals and their accessories, keyboards for video game consoles and video game machines, video game controller chargers, gaming headsets adapted for use in playing video games, parts and fittings for handheld game apparatus with liquid crystal displays, namely, power supplies, cable, and battery chargers, Lamps, flashlights, electric fans, writing instruments, pens, pencils, book marks, pen holders, bookends, document portfolios, binders, calendars, posters, address books, appointment books, paper labels, note pads, drawing instruments, clip boards, personal organizers, paper weights, paper goods, namely, napkins and paper bags, gift wrapping paper, paper gift tags, money clips, Leather and imitation leather, luggage, credit card cases, umbrellas and parasols, beach umbrellas, Furniture, painting and art frames, plastic key chain tags, pillows, cushions, nonmetal and nonpaper containers for storage or transport, hand fans, Dinnerware, dishware, dishes, beverageware, beverage glassware, insulating sleeve holders for beverage cans, lunchboxes, containers for household use, candle holders, ceramic and porcelain holiday ornaments, Mesh bags for storage, lanyards, Linen, table linen, bed linen, bath linen, household linen, towels, bath towels, beach towels, place mats of textile, bed blankets, duvets, pillow cases, bedsheets, dish cloths, shower curtains, Floor coverings, floor mats, bath mats, beach mats, door mats, wallcoverings, decorative wall hangings, not of textile, Card games, dice games, parlor games, puzzles, action figures, toy figures, battery-operated action toys, water toys, wind-up toys, balloons, bendable toys, stuffed animals [toys], inflatable toys, mechanical action toys, musical toys, party favors in the nature of small toys, plush toys, stuffed toys, stuffed toy animals, bean bag toys, toy and novelty face masks, snow globes, balls for games and sports, golf balls, bags specially adapted for sports equipment, video game consoles, electronic game controllers, accessories for video game consoles and video game machines, namely, specially adapted mice, electronic game peripherals, namely, video game joysticks and video game controllers, LCD game machines, handheld units for playing electronic games, handheld game consoles, cases for video game consoles and video game console accessories, protective carrying cases specially adapted for handheld video game systems, Christmas tree decorations, pet toys, outdoor festive decorations, Candy, candy mints, Bottled water
Retail store services connected with the sale of gaming videos, gaming hardware and game software
Retail store services connected with the sale of downloadable emoticons, badges, images and chat colors
Retail store services relating to virtual goods and merchandise being software and hardware
Retail services in respect of enhancements and components within games
Retail store services connected with the sale of handheld computers, handheld multimedia players, handheld communication devices, handheld game consoles, handheld computing devices, handheld personal computers
Promotional sponsorship of games, gamers, and gaming events
Arranging sponsorships for others for advertising purposes
Administration and managerial coordination of team leagues
Administration and managerial coordination of recreational opportunities for individuals who wish to participate in team leagues
Providing a searchable website, portal, forum, application, and database where advertisers, marketers, and content providers can reach, engage, and interact with online users for the purposes of promotion or advertising
Promoting the goods and services of others through placing advertising in conjunction with gaming
Design of advertisements and advertising material for others
All of the aforesaid services solely in relation to gaming.
The mark was filed in class 38 with following description of goods:
Streaming of games on the Internet
Video-on-demand transmission services
Providing access to a website for live streaming gaming content
Providing access to game-related information via websites
Providing access to online forums, chat rooms, blogs, portals and online communities over the Internet
Electronic mail and messaging services
Transmission of news
All of the aforesaid services solely in relation to gaming.
The mark was filed in class 41 with following description of goods:
Entertainment services, namely, providing online games
Entertainment services, namely, providing online videos featuring games being played by others
Entertainment services, namely, live performances by game players
Entertainment services, namely, providing a web site where users can access and view gaming-related information
Providing information and news relating to gaming
Providing blogs in relation to articles on gaming and gaming-related activities
Arranging and conducting competitions for game players
Organizing and producing gaming events
Organizing, conducting and operating game tournaments
Organizing gaming leagues
Organization of gaming competitions, including electronic, computer and video games
Online news reporting and related information services
Providing online news, articles, blogs, portals, webcasts, podcasts, information, commentary and strategies related to games, including electronic, computer and video games
Providing games on social networks
Providing enhancements within games, including electronic, computer and video games
Publishing of game software
Providing virtual environments in which users can interact through social games
Providing virtual environments in which users can interact for recreational, leisure, or entertainment purposes
Organizing software developer conferences for educational purposes
Organizing conferences in the field of gaming, video gaming and digital content
Education and training services in the field of software development
Publishing of books, electronic books, magazines, periodicals, literary works, visual works, audio works, and audiovisual works
Publishing of online works of others featuring user-generated text, and graphics
Education and training services
Arranging of contests and sweepstakes
Providing non-downloadable movies and documentaries
Providing information, news and commentary in the field of gaming
Providing information in relation to online gaming via social networks
All of the aforesaid services solely in relation to gaming.
The mark was filed in class 42 with following description of goods:
Storage of electronic media, namely, images, text, video, and audio data
Providing online software and software as a service for broadcasting, transmitting, receiving, accessing, viewing, uploading, downloading, sharing, integrating, encoding, decoding, displaying, formatting, organizing, storing, caching, transferring and streaming of data, text, games, game content, digital media, images, music, audio, video and animations
Providing online software and software as a service for electronic mail, messaging, chat and social networking
Providing online software and software as a service for creating, displaying and sharing emoticons
Providing online software and software as a service for purchasing and subscribing to digital media content
Providing online software and software as a service for software development
Providing online software and software as a service for developing and publishing applications for interactive streaming
Providing online software and software as a service to enable users to designate specific content for future viewing
Providing online software and software as a service for television (TV) programming
Providing online software and software as a service
Providing online software and software as a service for management and storage of digital media
Providing online software and software as a service for character and voice recognition
Providing online software and software as a service for creating, placing, transmitting and measuring the effectiveness of advertisements
Providing online software and software as a service for accessing, browsing and searching online databases
Providing online software and software as a service for filtering internet searches
Providing online software and software as a service for parental control enabling access to games, including electronic, computer and video games
Consulting services in the field of gaming technology and graphics software
Computer programming services
Providing temporary use of non-downloadable computer software for enhancing computer performance, for operation of integrated circuits, semiconductors, computer chipsets and micro-processors, and for gaming purposes
Providing temporary use of non-downloadable computer software for computer graphics
Providing temporary use of non-downloadable game software
Platform as a service (PaaS) featuring computer software platforms for gaming and graphic design
Providing virtual computer systems and virtual computer environments through cloud computing
Providing virtual computer systems, graphics processing units (GPUs), and virtual computer environments through cloud computing
Design and development of computer hardware, software and peripherals for others
Application service provider (ASP), namely, hosting computer software applications of others
Hosting of third party content, photos, videos, audio, music, text, data, images, software, applications, games, web sites and other electronic works
Hosting of digital content
Computer hardware, software, application, and network consulting services
Digital and electronic file data transfer from one format to another
Provision of Internet and computer network search engines
Graphic design services
Software as a Service (SAAS) featuring software for facilitating audio, video and digital content creation, subscription services and one-time purchases
Creating an online community for computer users to participate in discussions, obtain feedback, form virtual communities, and engage in social networking
Software maintenance, installation and update services
Providing temporary use of non-downloadable analytics software, namely, software that provides statistics about the behavior of viewers of online advertising, videos, movies, music, pictures, images, text, photos, games, and other content
Software as a service that allows gamers to live broadcast their games from a gaming console, or to watch games being played by others.
The mark was filed in class 45 with following description of goods:
Online social networking services
Online social networking services, namely, facilitating social introductions or interactions among individuals
Social networking services in the fields of entertainment, gaming and application development
Providing an online social media platform
Providing social networking via the Internet and mobile communication devices for users to participate in online gaming, online games, online video games and online gaming applications
Providing information about social networks where users participate in online gaming, online video games and online video gaming applications
Social networking services, namely, providing virtual environments in which users can interact through social games for recreational, leisure or entertainment purposes
Providing online social networking services, namely, an online portal for consumers to play online computer games and electronic games and access and share enhancements within games
Online social networking services, namely, providing an online portal for consumers to share information relating to games provided online
Providing information, news, commentary, education, tutorials and advice to users of a social networking platform in the field of games and gaming activities.