The trademark UNHOLY was filed by UNHOLY eSports UG (haftungsbeschränkt), a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on July 13, 2020, and received one opposition filed on October 13, 2020 by JC New Retail AG on Likelihood of confusion. the opponent was represented by BIRD & BIRD LLP and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 13, 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 9 with following description of goods:
Recorded content
Software
Computer gaming software
System and system support software, and firmware
Virtual and augmented reality software
Web application and server software
Information technology and audio-visual, multimedia and photographic devices
Communications equipment
Computers and computer hardware
Computer components and parts
Audio/visual and photographic devices
Peripherals adapted for use with computers and other smart devices
Computer networking and data communications equipment
Data storage devices and media
Data processing equipment and accessories (electrical and mechanical)
Signal cables for IT, AV and telecommunication.
The mark was filed in class 35 with following description of goods:
Advertising, marketing and promotional services
Public relations services
Provision and rental of advertising space, time and media
Business assistance, management and administrative services
Human resources management and recruitment services
Business consultancy and advisory services
Retail and wholesale services in relation to: Recorded data, Software, Game and gaming software, System and system support software, and firmware, Virtual and augmented reality software, Software for web applications and web servers, Information technology, audiovisual, multimedia and photographic apparatus, Communications equipment, Computers and computer hardware, Computer components and parts, Parts and fittings for all the aforesaid goods
Retail and wholesale services in relation to: Photographic and audiovisual devices, Peripheral devices adapted for computers and other smart devices, Computer network and data communications apparatus and equipment, Data storage devices and media, Data processing apparatus and fittings (electrical and mechanical), IT (computing), AV (audio-video) and telecommunications signal cables, Parts and fittings for all the aforesaid goods.
The mark was filed in class 41 with following description of goods:
Sporting activities
Organisation of conferences, exhibitions and competitions
Esports coaching
Organization of esports competitions
Providing esports facilities
Organisation of esports events
Publishing, reporting, and writing of texts
Providing on-line publications
Providing online newsletters in the fields of sports entertainment