The trademark OCTONAUTS ABOVE & BEYOND was filed by Meomi Design Inc., a corporation established under the laws of Canada (the "Applicant"). The application was published for oppositions on March 16, 2022, and received one opposition filed on June 15, 2022 by Jaguar Land Rover Limited on (a) Art. 8(4), (b) Likelihood of confusion. the opponent was represented by REDDIE & GROSE B.V. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 15, 2022
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Change of name and address of the trademark registration was recorded on June 19, 2022.
Goods And Services
The mark was filed in class 9 with following description of goods:
Photographic and cinematographic apparatus and instruments
Apparatus for recording, transmission or reproduction of sound or images
Magnetic data carriers, recording discs
Data processing equipment and computers
Computer software and computer hardware
Sound recordings in the form of phonograph records, discs, CD's, CD-ROM's, laser discs and tapes
Video recordings in the form of discs, DVDs, and tapes
Cassettes and cartridges all for use with or containing video and sound recordings
Cinematographic films, television films, programmes and advertisements
Amplifying, recording and transmitting apparatus and instruments
Education and teaching apparatus and instruments
Computer games
Calculators
Computer software for the display organisation, transmission, reception or searching of educational or entertainment information
Video games for use with television receivers
Apparatus, instruments and media for recording, reproducing, carrying, storing, processing, manipulating, transmitting, broadcasting, retrieving and reproducing music, sounds, images, text, signals, software, information, data and code
Music, sounds, images, text, signals, software, information, data and code provided by telecommunications networks, by online delivery and by way of the Internet and the world wide web
Multimedia apparatus and instruments
Electronic, magnetic and optical credit, identity and/or membership cards
Electronic publications (downloadable or streamable)
Interactive computer software
Apparatus for searching electronic information from a global computer network or the Internet
Computer programs, namely, software linking digitised video and audio media to a global computer information network
Arcade games adapted for use with television receivers only
CD-ROM games
Video and computer game programs
Video game discs
Digital music (downloadable or streamable) provided from the Internet
Digital music (downloadable or streamable) provided from MP3 Internet web sites
Short motion picture film cassettes featuring comedy, drama, action, adventure and/or animation to be used with hand-held viewers or projectors
Audio cassette recorders and players
Video cassette recorders and players, compact disc players, digital versatile disc recorders and players, digital audio tape recorders and players, electronic diaries
Radios
Mouse pads
Sunglasses, eyeglasses, sun visors, and cases and bags adapted therefore
Cameras, camera accessories
Safety apparatus and appliances, all for protection against accident or injury
Swimming aids namely, swimming masks, swimming goggles
Snorkels
Navigating equipment, compasses
Decorative magnets
Downloadable screensavers, wallpapers and ringtones
Parts, fittings and accessories for all the aforesaid goods.
The mark was filed in class 16 with following description of goods:
Paper, cardboard
Bookbinding material
Photographs
Stationery
Adhesives for stationery or household purposes
Artists' materials
Paint brushes
Typewriters and office requisites (except furniture)
Instructional and teaching material (except apparatus)
Plastic materials for packaging (not included in other classes)
Printers' type
Printing blocks
Printed matter and paper goods, namely, artwork publications, books, magazines, journals, periodicals, comics, activity books, pop-up books, bath books
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, colouring books, children's activity books
Booklets
Stationery, writing paper, wrapping paper, gift tags, envelopes, notebooks, albums, almanacs
Book covers, book markers, calendars, gift wrapping paper
Paper party decorations, namely, paper napkins, paper coasters, paper doilies, paper place mats, crepe paper, invitations, paper table cloths, paper cake decorations
Printed transfers for embroidery or fabric appliques
Printed patterns for costumes, pyjamas, sweatshirts and t-shirts
Printed dress making patterns
Embroidery design patterns
Art pictures
Art papers
Stickers, paper streamers, banners
Maps, charts and printed guides for camping and navigating
Bags made of paper or plastic for packaging
Bottle wrappers of cardboard or paper
Boxes of paper or cardboard
Cardboard cartons
Blank cards, Christmas cards, gift cards, greeting cards, note cards
Flash cards
Trivia cards, trading cards
Book bindings
Paper coasters
Paper face towels
Papier-mâché figurines
Modeling clay
Modeling materials for use by children
Paper flags
Printed tickets
Tissue paper
Toilet paper
Personal organizers.
The mark was filed in class 25 with following description of goods:
Clothing, footwear, headgear
Clothing for men, women and children, namely, shirts, t-shirts, sweatshirts, jogging suits, trousers, jeans, pants, shorts, tank tops, rainwear, cloth bibs, skirts, blouses
Costumes for hire, including fancy dress costumes.
The mark was filed in class 28 with following description of goods:
Games and playthings
Gymnastic and sporting articles not included in other classes
Decorations for Christmas trees
Toys and sporting goods, namely, action figures and accessories therefore
Plush toys
Balloons
Bathtub toys
Ride-on toys
Ride-on toy vehicles, playing cards
Toy vehicles
Dolls
Flying discs
Stand alone video output game machines
Coin or counter operated arcade games
Pinball game machines
Electronic hand-held game units
Game equipment sold as a unit for playing a board game, a card game, a manipulative game, a parlor game, a parlor-type computer game, an action type target game