The trademark FACEBANK was filed by Facebank, Inc., a U.S. corporation (the "Applicant"). The application was published for oppositions on November 1, 2021, and received one opposition filed on January 30, 2022 by Meta Platforms, Inc. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Stobbs Ireland Limited and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 30, 2022
The application was filed in English, and English was also language of all opposition proceedings (Spanish was selected as the second language).
The Opposition with reference B 003163199 was refused according to Article 8(1)(b) EUTMR with decision issued on June 27, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer software for compiling, storing, processing, transmitting, managing, and distributing an online and offline electronic database of two-dimensional and three-dimensional digital assets and images of individuals, personal features of individuals, animals, characters, landmarks and nature
Offline electronic database of two-dimensional and three-dimensional digital assets and images of individuals, personal features of individuals, animals, characters, landmarks and nature recorded on hard media
And downloadable augmented reality software for use in mobile devices for social and entertainment purposes.
The mark was filed in class 41 with Entertainment services, namely, providing online non-downloadable images, namely, digital likenesses of celebrities for use in live entertainment, video and cinematic performances, virtual reality, augmented reality, social networking, gaming, and mobile and interactive entertainment.
The mark was filed in class 42 with following description of goods:
Provision of online non-downloadable software for compiling, storing, processing, transmitting, managing, and distributing an online and offline electronic database of two-dimensional and three-dimensional digital assets and images of individuals, personal features of individuals, animals, characters, landmarks and nature
Commercial art design services for the preparation of personal digital likenesses
Photogrammetry scanning services
Software design and development
And research and development of technology in the field of augmented reality and two-dimensional and three-dimensional digital assets and images of individuals, personal features of individuals, animals, characters, landmarks and nature.
The mark was filed in class 45 with Licensing of personal digital likenesses and licensing of intellectual property in the field of rights of publicity..