The trademark KING was filed by Cobra Golf Incorporated, a U.S. corporation (the "Applicant"). The application was published for oppositions on February 22, 2023, and received one opposition filed on May 22, 2023 by King.com Limited on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by NOERR ALICANTE IP, S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 22, 2023
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Downloadable virtual goods, namely, computer programs featuring golf clubs, golf balls, footwear related to golf, clothing related to golf, headwear related to golf, eyewear related to golf, golf bags and golf accessories in particular tees, pitch fixes, golf club head covers, putter holders, golf shoe soles, cup holders, umbrella holders and score card holders, for use online and in online virtual worlds
Downloadable software for use in electronically storing, sending, receiving, accepting and transmitting non-fungible tokens (nfts) in the field of golf
Downloadable software for users to search, browse, view, and purchase virtual goods, namely, digital art and non-fungible tokens (nfts) in the field of golf
Virtual reality headsets
Digital media, namely virtual golf clubs, golf balls, footwear related to golf, clothing related to golf, headwear related to golf, eyewear related to golf, golf bags and golf accessories, authenticated by digital collectibles, digital tokens, non-fungible tokens (NFTs)
Virtual golf clubs, golf balls, footwear related to golf, clothing related to golf, headwear related to golf, eyewear related to golf, golf bags and golf accessories, authenticated by non-fungible tokens (NFTs) and other application tokens
Collectible images and videos showing golf sport, authenticated by non-fungible tokens.
The mark was filed in class 35 with following description of goods:
Retail store services in relation to virtual goods, namely, golf clubs, golf balls, footwear related to golf, clothing related to golf, headwear related to golf, eyewear related to golf, golf bags and golf accessories for use online and in online virtual worlds for use online
On-line retail store services in relation to virtual merchandise, namely, golf clubs, golf balls, footwear related to golf, clothing related to golf, headwear related to golf, eyewear related to golf, golf bags and golf accessories for use online and in online virtual worlds
Trade promotional services by means of providing online non-downloadable virtual goods, namely golf clubs, golf balls, footwear related to golf, clothing related to golf, headwear related to golf, eyewear related to golf, golf bags and golf accessories
Product demonstration and product display services by means of providing online non-downloadable virtual goods, namely golf clubs, golf balls, footwear related to golf, clothing related to golf, headwear related to golf, eyewear related to golf, golf bags and golf accessories
Providing consumer product advice by means of providing online non-downloadable virtual goods, namely golf clubs, golf balls, footwear related to golf, clothing related to golf, headwear related to golf, eyewear related to golf, golf bags and golf accessories.
The mark was filed in class 41 with Entertainment services, namely, providing on-line, non-downloadable virtual golf clubs, golf balls, footwear related to golf, clothing related to golf, headwear related to golf, eyewear related to golf, golf bags and golf accessories for use online and in online virtual worlds for use in virtual environments.
The mark was filed in class 42 with following description of goods:
Providing online non-downloadable software to create virtual goods, namely golf clubs, golf balls, footwear related to golf, clothing related to golf, headwear related to golf, eyewear related to golf, golf bags and golf accessories, digital art relating to golf, photographs relating to golf, videos realting to golf, or audio recordings relating to golf
Graphic design services, namely digital artwork and images related to golf
Services for minting (creation) non fungible tokens (NFT) and other digital tokens based on blockchain technology
None of the aforementioned in relation to, or for use with, game software, video games, social games, games for use on mobile phones, tablets or other mobile devices.