The trademark 18 97 A.F.C. RICHMOND was filed by Warner Bros. Entertainment Inc., a U.S. corporation (the "Applicant"). The application was published for oppositions on August 16, 2021, and received one opposition filed on November 15, 2021 by AM.VI. S.R.L. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by G.D. DI GRAZIA D'ALTO & C.S.N.C. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 15, 2021
The application was filed in English, and English was also language of all opposition proceedings (Spanish was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Motion picture films featuring comedy, drama, action, adventure and/or animation, and motion picture films for broadcast on television featuring comedy, drama, action, adventure and/or animation
Audio video discs, and digital versatile discs featuring music, comedy, drama, action, adventure, and/or animation
Stereo headphones
Batteries
Cordless telephones
CD players
CD ROM computer game discs
Telephone and/or radio pagers
Compact disc players
Radios
Mouse pads
Eyeglasses, sunglasses and cases therefore
Downloadable software for use in playing online computer games, downloadable computer game software
Computer game software for use on mobile and cellular phones
Video and computer game programs
Video game cartridges
Computer and video games which are designed for hardware platforms, namely, game consoles and personal computers
Computer game software for gaming machines including slot machines
Computer software or firmware for games of chance on any computerized platform, including dedicated gaming consoles, video based slot machines, reel based slot machines and video lottery terminals
CD-ROM and digital versatile computer game discs and computer programs, namely, software linking digitized video and audio media to a global computer information network
Downloadable audio-visual media content in the field of entertainment featuring animated motion pictures, television series, comedies, and dramas
Computer software, namely, computer software for streaming audio-visual media content via the Internet, computer software for streaming and storing audio-visual media content, downloadable audio and video players for media content with multimedia and interactive functions
Computer programs for accessing, browsing and searching online databases, software that enables users to play and program entertainment-related audio, video, text and multi-media content
Computer application software for streaming and storing audio-visual media content
Computer application software for streaming audio-visual media content via the Internet
Downloadable computer software for streaming audio-visual media content via the Internet
Downloadable computer software for streaming and storing audio-visual media content
Downloadable publications in the nature of books featuring characters from animated, action adventure, comedy and/or drama features, comic books, children's books, strategy guides, magazines featuring characters from animated, action adventure, comedy and/or drama features, coloring books, children's activity books and magazines in the field of entertainment
Cellular telephone accessories, namely hands-free accessories, cellular telephone covers and cellular telephone face covers
Encoded magnetic cards, namely, phone cards, credit cards, cash cards, gift cards, debit cards and magnetic key cards
Decorative magnets.
The mark was filed in class 16 with following description of goods:
Printed matter and paper goods, namely, books featuring characters from animated, action, adventure, comedy and/or drama features, comic books, children's books, magazines featuring characters from animated, action, adventure, comedy and/or drama features, coloring books, children's activity books
Adhesive plastic film with removable paper for mounting images for decorative purposes
Lithographs
Art prints
Fine art prints
Art mounts
Mounted and/or unmounted photographs
Bookends
Book covers and book marks
Calendars
Gift wrapping paper
Paper party decorations, namely, paper napkins, paper place mats, crepe paper, invitations, paper table cloths and paper cake decorations
Temporary tattoos
Printed transfers for embroidery or fabric appliqués
Printed patterns for costumes, pajamas, sweatshirts and t-shirts.
The mark was filed in class 21 with following description of goods:
Household or kitchen utensils and containers
Combs and sponges
Brushes (except paint brushes)
Toothbrushes
Unworked or semi-worked glass (except glass used in building)
Glassware, porcelain and earthenware not included in other classes
Glass, ceramic and earthenware goods, namely, bowls, plates, coffee cups, and cups
Beverage glassware, namely, jugs, mugs and drinking glasses
Sugar and creamer sets
Infant cups
Cookie jars
Metal piggy banks
Ceramic, glass and china figurines
Non-electric coffee pots not of precious metal
Non-electric tea pots
Lunch boxes
Lunch pails
Wastepaper baskets
Ice buckets
Plastic buckets
Shower caddies, canteens
Cake molds
Serving utensils, namely, pie servers, cake turners, spatulas, scrapers, and cake servers
Cookie cutters, plastic coasters
Thermal insulated containers for food or beverages
Cork screws
Water bottles sold empty
Drinking flasks
Decanters
Gardening gloves
Rubber household gloves
And dinnerware, namely, paper plates and paper cups.
The mark was filed in class 25 with following description of goods:
Clothing, footwear, and headgear for men, women and children - namely, shirts, t-shirts, sweatshirts, jogging suits, trousers, pants, shorts, tank tops, rainwear, cloth baby bibs, plastic bibs, skirts, blouses, dresses, suspenders, sweaters, hoodies, jackets, coats, raincoats, snow suits, ties, robes, hats, caps, sunvisors, belts, scarves, sleepwear, pajamas, lingerie, underwear, boots, shoes, sneakers, sandals, socks, booties, slipper socks
Swimwear
Masquerade and Halloween costumes
Paper hats
All of the aforesaid being in connection with a televised program about a fictitious football club.
The mark was filed in class 41 with following description of goods:
Education
Providing of training
Sporting and cultural activities
Entertainment
Entertainment services, namely, providing online video games, providing online computer games
Video and computer game services provided on-line from a computer network
Entertainment services in the nature of live-action, comedy, drama, animated, and reality television series
Production of live-action, comedy, drama, animated and reality television series
Distribution and display of live-action, comedy, drama and animated motion picture theatrical films
Production of live-action, comedy, drama and animated motion picture theatrical films
Theatrical performances both animated and live action
Providing information via an electronic global computer network in the field of entertainment relating specifically to games, music, movies, and television
Providing film clips, photographs and other multimedia materials for entertainment purposes via a web site
Providing news about current events and entertainment, and information related to education and cultural events, via a global computer network
Providing information for and actual entertainment via an electronic global communications network in the nature of live-action, comedy, drama and animated programs
Production of live-action, comedy, drama and animated motion picture films for distribution via a global computer network
Providing a computer game that may be accessed by a telecommunications network
Electronic publishing services, namely, publication of text and graphic works of others on-line featuring articles, novelizations, scripts, comic books, strategy guides, photographs and visual materials
Provision of non-downloadable publications in the nature of books featuring characters from animated, action adventure, comedy and/or drama features, comic books, children's books, strategy guides, magazines featuring characters from animated, action adventure, comedy and/or drama features, coloring books, children's activity books and magazines in the field of entertainment
Amusement parks services
Provision of amusement park rides
Providing live or pre-recorded shows and/or movies
Entertainment and/or recreation information
Entertainment club services
Electronic games services provided via a global computer network
Providing of casino and gaming facilities
Entertainment services, namely, casino gaming
Electronic casino gaming services
Entertainment services in the nature of multiplex cinema and theater development, film exhibition, and film distribution
Provision of information relating to entertainment online from a computer database of the Internet.