The trademark SHADOW OF LUXOR was filed by Evoplay LLP., a corporation established under the laws of the United Kingdom of Great Britain and Northern Ireland (the "Applicant"). The application was published for oppositions on June 3, 2021, and received one opposition filed on August 23, 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 August 23, 2021
The application was filed in English, and English was also language of all opposition proceedings (Spanish was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on September 5, 2021. Appointment and Replacement of representative of the trademark registration was recorded on December 4, 2022.
The Appeal with reference B R2403/2022-5 was Application rejected according to Article 27(4) EUTMDR with decision issued on June 14, 2023 by the EUIPO. The Opposition with reference B 003153352 was refused according to Article 8(1)(b) EUTMR with decision issued on November 17, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Downloadable or recorded computer gaming software
Downloadable or recorded computer software, namely, game engine software for video game development and operation
Downloadable or recorded computer game software for gaming machines, namely, slot machines with or without video output, video lottery terminals, arcade video game machines
Downloadable or recorded computer game software for use with personal computers, home video game consoles used with televisions and arcade-based video game consoles
Downloadable or recorded computer gaming software, gaming software that generates and displays wager outcomes of gaming machines
Downloadable or recorded software for playing casino games, slot games and online electronic games
Computer programs, namely slot games.
The mark was filed in class 41 with following description of goods:
Entertainment services, namely, providing casino, gambling hall, amusement arcade, lottery and betting services
Entertainment services, namely, providing online computer and electronic games
Entertainment services, namely, providing games of chance via the internet
On-line gaming services in the nature of providing online computer games, providing online poker games, providing online betting and online gambling.