The trademark Ninja BeatZ was filed by Ocean Games Pte. Ltd., a corporation established under the laws of the Republic of Singapore (the "Applicant"). The application was published for oppositions on September 14, 2021, and received one opposition filed on December 14, 2021 by Beats Electronics, LLC on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by D YOUNG & CO LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 14, 2021
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer game software, recorded
Computer game software, downloadable
Computer programs [downloadable software]
Video game cartridges
Electronic notice boards
Network communication equipment
Optical discs
Projection apparatus
Video screens
Eyeglasses
Battery chargers
Animated cartoons
Audiovisual teaching apparatus
Remote control apparatus
Downloadable software in the nature of a mobile application for playing games
Video games software
Electronic game software for mobile phones.
The mark was filed in class 16 with following description of goods:
Printing paper
Papers for painting and calligraphy
Towels of paper
Bookmarks
Printed publications
Newsletters
Pictures
Paper shredders for office use
Stationery
Office requisites, except furniture
Writing instruments
Adhesive bands for stationery or household purposes
Drawing instruments
Drawing materials
Teaching materials [except apparatus]
Modelling materials
Posters.
The mark was filed in class 28 with following description of goods:
Games
Controllers for game consoles
Hand-held consoles for playing video games
Video game consoles
Parlour games
Table-top games
Body-building apparatus
Machines for physical exercises
Protective paddings [parts of sports suits]
Ornaments for Christmas trees, except lights, candles and confectionery
Models of game characters
Action figures
Toy models
Toy figurines
Stuffed toys
Dolls
Teddy bears
Toy robots.
The mark was filed in class 35 with following description of goods:
Advertising
Online advertising on a computer network
Pay per click advertising
Business management and organization consultancy
Providing commercial and business contact information
Import-export agency services
Provision of an online marketplace for buyers and sellers of goods and services
Personnel management consultancy
Systemization of information into computer databases
Accounting
Sponsorship search
Retail services in relation to games
Wholesale services in relation to games
Retail services for computer software
Retail services in relation to computer software
Marketing in the framework of software publishing
Wholesale services in relation to computer software
Providing consumer product advice relating to software
Providing consumer product information relating to software
Preparing and placing of advertisements.
The mark was filed in class 41 with following description of goods:
Practical training [demonstration]
Organization of competitions [education or entertainment]
Mobile library services
Providing online electronic publications, not downloadable
Production of radio and television programmes
Layout services, other than for advertising purposes
Subtitling
Providing online videos, not downloadable
Game services provided online from a computer network
Providing amusement arcade services
Presentation of live performances
Entertainment services
Providing sports facilities
Games equipment rental
Health club services [health and fitness training]
Toy rental
Organizing and arranging exhibitions for entertainment purposes
Organization of electronic game competitions
Electronic games services provided by means of the internet
Electronic games services provided by means of a global communication network
Game services provided by means of communications by computer terminals or mobile telephone.