The trademark FEVER TV was filed by NCSOFT Corporation, a corporation established under the laws of the Republic of Korea (the "Applicant"). The application was published for oppositions on March 14, 2021, and received one opposition filed on May 13, 2021 by FEVER LABS, INC. on Likelihood of confusion. the opponent was represented by DURÁN - CORRETJER, S.L.P. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 13, 2021
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on July 4, 2023. Appointment and Replacement of representative of the trademark registration was recorded on July 11, 2023.
The Opposition with reference B 003146787 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on July 21, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
3D spectacles
Digital music [downloadable] provided from MP3 Internet web sites
Headsets for MP3 players
Optical apparatus and instruments except for glasses and photographic apparatus
Prerecorded motion picture videos
Downloadable image files
Downloadable music file
Downloadable video files
Downloadable software
Recording apparatus
Digital recorders
Digital video recording and reproducing apparatus
Digital cameras
Musical video recordings
Auxiliary battery packs
Photographic apparatus and instruments
Cinematographic films
Cables for the transmission of sounds and images
Ear phones
Electric audio and visual apparatus and instruments
Electric communication device
Computer software.
The mark was filed in class 38 with following description of goods:
Broadcasting programs via global computer network
On-demand transmission services of data/audio/video/gaming and multimedia content
Transmission of digital music by telecommunications
Transmission of digital image
Providing access to multimedia content on-line
Transmission of video/audio via the mobile and internet
Transmission of video via the mobile and internet
Transmission of message/image via the mobile and internet
Transmission, broadcasting and reception of audio, video, still and moving images, text and data in real time
Broadcasting of film and television features
Transmission, broadcasting and reception of audio, video, still and moving images, text and data
Audio broadcasting
Television broadcasting specializing in on-line games
Transmission of online video
Transmission of online music
Broadcasting services and provision of telecommunication access to video and audio content provided via a video-on-demand service via the Internet
Broadcasting of television programs, motion picture films, and other audiovisual and multimedia content via Internet protocol and communication networks
Television transmission.
The mark was filed in class 41 with following description of goods:
Rental of audio recordings
Digital filming services
Digital photography
Providing of digital music via mobile devices
Production of music videos
Photographic reporting
Recording, production and distribution of films, video and audio recordings, radio and television programs
Production and presentation of audio and video recordings, and still and moving images
Rental of audio equipment
Providing online music, not downloadable
Providing of game contents via online
Rental of sound recordings and video recordings
Production of audio recordings
Production of sound and video recordings
Production and distribution of sound, movie and video recordings
Providing information, commentary and articles in the field of music via computer networks
Distribution (other than transportation) of television programs