The trademark SPIKE was filed by TOP ADS LTD, a corporation established under the laws of the Republic of Malta (the "Applicant") and Karlo Carlini, a national of the Italian Republic (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on June 3, 2021, and received one opposition filed on September 2, 2021 by ARHS DEVELOPMENTS SA on Likelihood of confusion. the opponent was represented by OFFICE FREYLINGER S.A. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 2, 2021
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
Deletion of the representative of the trademark registration was recorded on December 13, 2021. Appointment and Replacement of representative of the trademark registration was recorded on January 23, 2023. Change of name and professional address of the trademark registration was recorded on January 29, 2024.
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer software development tools
Computer software for use as an application programming interface (API)
Application programming interface (API) for computer software which facilitates online services for social networking, building social networking applications and for allowing data retrieval, upload, download, access and management
Computer software to enable uploading, downloading, accessing, posting, displaying, tagging, blogging, streaming, linking, sharing or otherwise providing electronic media or information via computer and communication networks
Downloadable e-commerce computer software to allow users to perform electronic business transactions via global computer and communication networks
Software for sending electronic message alerts and reminders via the Internet
Software for transmitting orders and for sending and receiving electronic messages via the Internet
Down-loadable computer software for modifying the appearance and enabling transmission of images, audio-visual and video content
Software for the collection, editing, organising, modifying, transmission, storage and sharing of data and information
Computer search engine software
Excluding the aforementioned goods in connection with roller coasters, amusement park rides or leisure park attractions
The aforementioned products being exclusively used for gaming, gambling, entertainment and all related activities.
The mark was filed in class 18 with following description of goods:
Bags
Bags for sports
Bumbags
Bucket bags
Hipsacks
All-purpose athletic bags
General purpose sport trolley bags
Wrist mounted carryall bags
Sports packs
Rucksacks
Purses
Pocket wallets
Suitcases
Travel cases
Suitcases with wheels.
The mark was filed in class 25 with following description of goods:
Clothing
Socks
Gloves [clothing]
Scarves
Sweaters
Tee-shirts
Shirts
Jerseys [clothing]
Trousers
Headgear
Berets
Shoes.
The mark was filed in class 41 with following description of goods:
Entertainment services
Amusement game services
Gambling services
Betting services
Casino services
Card game services
Poker game services
The provision of games of skill
Organisation, production, and presentation of any of the aforesaid services
Organising, Production and Presentations In relation to the following fields: Tournaments, Competitions, Gambling, Game shows and Entertainment events
The provision of any of the aforesaid services live or through the medium of television or on-line from a computer database or via the Internet or via portable, mobile, handheld or tablet devices
Electronic game services provided by means of the internet
Multiplayer card games, card rooms and games of skill provided live or by means of the Internet or via television or via portable, mobile, handheld or tablet devices
Organising, Administration and Conducting Relating to the following services: Entertainment services, Entertainment services and entertainment shows
Organisation, administration and running of amusement games, gaming services, gambling services, betting services, casino services, card game services, poker game services, tournaments, competitions, games, gameshows and events
Providing news, teaching services relating to any of the aforesaid services
Providing information In relation to the following fields: Entertainment shows and entertainment services, Entertainment services, amusement games
The provision of information relating to gaming services, gambling services, betting services, casino services, card game services, poker game services, tournaments, competitions, games, gameshows and events
Providing online electronic publications, not downloadable
Providing electronic newsletters distributed via the Internet, electronic mail or portable, mobile, handheld or tablet devices
Organisation, administration and running of entertainment services, tournaments, competitions, contests, games, gameshows, gambling services, betting services, casino services, card game services, amusement games, amusement services and poker game services
The aforementioned services being exclusively used for gaming, gambling, entertainment and all related activities.