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EUTM file information

018320511

TRIX

October 13, 2020

Trademark Summary

The trademark TRIX was filed by Nekki Limited, a corporation established under the laws of the Republic of Cyprus (the "Applicant"). The application was published for oppositions on November 5, 2020, and received one opposition filed on January 6, 2021 by Gebr. Märklin & Cie. GmbH on Likelihood of confusion. the opponent was represented by GLEISS GROßE SCHRELL UND PARTNER MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 6, 2021

The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).

The Appeal with reference B R0415/2022-2 was Opposition allowed according to Article 8(1)(b) EUTMR with decision issued on June 22, 2022 by the EUIPO. The Opposition with reference B 003138531 was refused according to Article 8(1)(a) EUTMR with decision issued on January 24, 2022 by the EUIPO.

Goods And Services

  • The mark was filed in class 9 with following description of goods:
    1. Computer games software, excluding those used in connection with model and toy railways
    2. Video recordings
    3. Data bearing record carriers for computers, excluding those used in connection with model and toy railways
    4. Sound recordings, excluding those used in connection with model and toy railways
    5. Video games enhancers, excluding those used in connection with model and toy railways
    6. Video tapes
    7. Electronic publications (downloadable) provided on-line from databases for the Internet, excluding those used in connection with model and toy railways
    8. CD-ROMs, excluding those used in connection with model and toy railways
    9. Software for playing video, computer and on-line games
    10. Computer software for video games or for games machines
    11. Parts and fittings for all the aforesaid goods
    12. Computer games
    13. Cassettes, excluding those used in connection with model and toy railways
    14. Video games
    15. Downloadable software for developing, designing, modifying and customizing video, computer and on-line games
    16. Computer programs for video and computer games
    17. Video game discs, excluding those used in connection with model and toy railways
    18. Compact discs, excluding those used in connection with model and toy railways
    19. Games for mobile phones
    20. Software for enabling video, computer and on-line games to be run on multiple platforms.
  • The mark was filed in class 28 with following description of goods:
    1. Home video game machines and hand-held video game machines
    2. Games and playthings, excluding those used in connection with model and toy railways
    3. Handheld computer games equipment
    4. Parts and fittings for all the aforesaid goods.
  • The mark was filed in class 41 with following description of goods:
    1. Providing games by or for use on cellular telephones
    2. Providing on-line electronic publications (not downloadable), providing online interactive computer games, electronic games services provided from a computer database or by means of the internet
    3. Entertainment provided via the Internet
    4. Providing games by cellular telephone communication
    5. Entertainment namely providing on-line computer games, multi-player matching services, and on-line entertainment in the nature of tournaments, fantasy sports leagues, games shows
    6. Providing on-line information in the field of computer gaming entertainment
    7. On-line gaming services
    8. All the aforementioned services except for use in connection with model and toy railways.