The trademark HALLOWEEN NIGHT was filed by NOVOMATIC AG, a corporation established under the laws of the Republic of Austria (the "Applicant"). The application was published for oppositions on September 21, 2021, and received one opposition filed on December 21, 2021 by ZITRO INTERNATIONAL S.à r.l. on Likelihood of confusion. the opponent was represented by CANELA PATENTES Y MARCAS, S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 21, 2021
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on January 18, 2022.
The Appeal with reference B R1006/2023-4 was Opposition allowed according to Article 8(1)(b) EUTMR with decision issued on December 17, 2023 by the EUIPO. The Opposition with reference B 003160892 was refused according to Article 8(1)(b) EUTMR with decision issued on April 27, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Hardware, in particular for gambling machines, slot machines, video lottery gaming machines, all the aforesaid with or without prize payout
Housing and electronic components for gambling machines
Software, in particular for gambling machines via telecommunications networks and/or the internet with or without a prize payout
Gambling software with or without prize payout, in particular using communication devices
Hardware and/or software for betting shops.
The mark was filed in class 28 with following description of goods:
Games, in particular gambling, Casino games, Slot machines, All the aforesaid with or without prize payout
Slot machines [gaming machines]
Gambling machines with or without a prize payout
Games and gambling games via the internet or via telecommunications networks or via networked games apparatus
Housings for gambling machines
Tokens, tickets or electronic, magnetic or biometric storage media and equipment, to operate gambling apparatus
Electric, electronic or electromechanical apparatus for conducting gambling games
Bingo games, Lottery games, Video lottery games, all the aforesaid networked or unnetworked
Machines for playing games of skill or chance.
The mark was filed in class 41 with following description of goods:
Arranging of games and gambling games, in particular via communication networks
Providing of online gambling games, in particular non-downloadable games software