The trademark 7 SUNNY FRUITS was filed by Дъ Бетър Платформ, a corporation established under the laws of the Republic of Bulgaria (the "Applicant"). The application was published for oppositions on May 27, 2021, and received one opposition filed on July 28, 2021 by adp Merkur GmbH on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by Kohl, Valentine and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 28, 2021
The application was filed in Bulgarian, and Bulgarian was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003151712 was rejected according to Article 8(1)(a) EUTMR with decision issued on September 8, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Utility software
Computer gaming software
Computer software packages
Computer operating system software
Computer software, recorded
Electronic device software drivers that allow computer hardware and electronic devices to communicate with each other
Virtual reality software
Games software
Computer programs for network management
Operating computer software for main frame computers
Monitors
Computer hardware
Apparatus for recording images
Monitors [computer programs]
Games software
Computer programs for pre-recorded games
Communications servers [computer hardware]
Electronic components for gambling machines
Computer application software featuring games and gaming
Computer software for the administration of on-line games and gaming
Computer hardware for games and gaming
None of the aforesaid goods is in the field of renewable energy.
The mark was filed in class 28 with following description of goods:
Gaming machines for gambling
Chips for gambling
Arcade games
Amusement machines, automatic and coin-operated
Games
Electronic games
Parlour games
Board games
Slot machines [gaming machines]
LCD game machines
Coin-operated amusement machines
Counters [discs] for games
Mah-jong
Roulette chips
Poker chips
Chips and dice [gaming equipment]
Roulette wheels
Bingo game playing equipment
Slot machines [counter-freed amusement apparatus]
Lottery wheels
Automatic gaming machines.
The mark was filed in class 41 with following description of goods:
Administration [organisation] of gaming services
Gambling services
Casino, gaming and gambling services
Training in the development of software systems
Providing casino facilities [gambling]
Providing of casino and gaming facilities
Gaming machine entertainment services
Providing casino facilities [gambling]
Amusement arcades
Amusement arcade services
Rental of game machines and apparatus
Rental of slot machines [gaming machines]
Arcade game services
Editing or recording of sounds and images
Sound recording and video entertainment services
Hire of sound reproducing apparatus
On-line gambling services
Gaming services for entertainment purposes
With the exception of services in the field of renewable energy.