The trademark BULLYWORLD was filed by BULLYWORLD GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on November 14, 2021, and received one opposition filed on February 13, 2022 by Take-Two Interactive Software, Inc. on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Fieldfisher LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 13, 2022
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 14 with Figurines and dolls of fabric, wood, plastic, plush toys being keyrings and/or with key chains or rings and Toy figurines with key chains..
The mark was filed in class 16 with following description of goods:
Stationery, in particular writing and drawing instruments, Especially Non-electric writing and drawing implements, Fibertip pens
Paper and cardboard
Trading cards, other than for games
Packaging material of cardboard and plastic, including gift wrap, packaging boxes and packaging sets
Cardboard displays
Materials and equipment for decorations and artists, Especially Arts, crafts and modelling equipment, Especially Painting requisites and modelling materials
Children's airbrush sets (blow pens)
Children's airbrush sets (painting sets for children)
Craft kits and Creative sets
Transfers [decalcomanias]
Stickers [stationery]
Printed matter, in particular catalogues, Collectors' books, Price lists and Advent calendars
Figurines and dolls of fabric, wood, plastic, plush toys being pencil toppers
All the aforementioned goods not related to video games, entertainment products or entertainment services.
The mark was filed in class 20 with Figurines of wood, plastic, in particular for decorative and advertising purposes, and being souvenirs and Ornaments made of plastic..
The mark was filed in class 21 with Money boxes of plastic, Ornamental articles.
The mark was filed in class 28 with following description of goods:
Toys, games, and playthings
Toys, including toy vehicles
Toys, including digitally controlled, Including the following goods: Vehicle toys
Electronic toys
Bathtub toys
Toy figures and dolls as playthings
Toy figures
Plush toys
Games, including in the form of games collections
Toy construction playsets
Pop up toys
Toy figurines in gift boxes and gift sets
Game environments in the form of game collections
Cases being toys
Sporting articles included in class 28
Bags adapted for use with sporting equipment
Holiday ornaments
Decorations for Christmas trees
Playing cards
Toys incorporating money boxes
Figures of fabric, Plush figurines, particularly Figurines for decorative and advertising purposes, and being souvenirs
Fabric dolls, wooly dolls, Plastic dolls, Plush dolls, particularly Dolls for decorative and advertising purposes, and being souvenirs.
The mark was filed in class 35 with following description of goods:
Advertising, business management, business administration
Merchandising services, Especially Retail and wholesale services, including online trading services, in relation the following goods: Digital electronic controllers for toys, Remote control apparatus for toys, Digital recording devices, Computer hardware and software for data processing
Merchandising services, Especially Retail and wholesale services, including online trading services, in relation the following goods: Stationery, Especially Writing and drawing implements, Especially Non-electric writing and drawing implements, Porous-point pens, Paper and Cardboard, collectors' cards, Materials of cardboard, card and plastic for packaging, Including the following goods: Gift packaging, Packaging boxes and packaging sets, Cardboard displays, Materials and equipment for decorations and artists, Especially Arts, crafts and modelling equipment, Especially Art materials and Modelling materials, Children's airbrush sets, DIY (Do it yourself) kits and Creative sets, decalcomanias, Stickers, Printed matter, In particular catalogues, Collectors' books, printed price lists and Advent calendars
Merchandising services, Especially Retail and wholesale services, including online trading services, in relation the following goods: Figurines and dolls of fabric, wood, plastic, plush toys, in particular for decorative and advertising purposes, being pencil toppers and being souvenirs and keyrings, Including the aforesaid goods with key chains and fobs, ornaments (made of plastic)
Merchandising services, Especially Retail and wholesale services, including online trading services, in relation the following goods: coin banks made of plastic ornaments
Merchandising services, Especially Retail and wholesale services, including online trading services, in relation the following goods: Ready-made clothing, Footwear, headgear and headwear
Merchandising services, Especially Retail and wholesale services, including online trading services, in relation the following goods: Toys, Games and playthings, Playthings, Including the following goods: Toy vehicles, Toys, including digitally controlled, Including the following goods: Toy vehicles, electronic toys, bath toys, Play figurines and dolls for play purposes, toy figurines, including with key chains, Plush stuffed toys, Games, including in the form of game collections, toy building kits, pop up toys, Toy figurines in gift boxes and gift sets, Game environments in the form of game collections, Cases being toys, Sporting articles, Special bags for sports equipment, strings of lights, Festive decorations, Decorations for christmas trees, playing cards, Toys having integrated piggy banks
Collection of the aforesaid goods to enable consumers to view and purchase these goods
Offering the aforesaid goods in retail outlets, catalogues and electronic media
Organisation of exhibitions in halls, retail outlets and exhibition halls for commercial or advertising purposes
Demonstration of goods
Promotion services.
The mark was filed in class 40 with manufacture in relation to the following goods: Consumer products, in particular Figures, play things, Advertising material and Licenced goods in the toy industry.
The mark was filed in class 42 with Design services, Especially Toy design, design of figurines, toys, advertising materials and licensed goods in the toy industry and Technological services, Especially Design agency services, Development in relation to the following goods: Consumer products, in particular Figures, toys and play things, Advertising materials and licensed goods in the toy industry..