The trademark ARENA BREAKOUT was filed by Tencent Holdings Limited, a corporation established under the laws of the Cayman Islands (the "Applicant"). The application was published for oppositions on May 31, 2022, and received one opposition filed on August 24, 2022 by Arena Verlag GmbH on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by PARTSCH & PARTNER RECHTSANWÄLTE and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 24, 2022
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
Change of name and professional address of the trademark registration was recorded on August 6, 2024.
The Opposition with reference B 003177558 was partially refused EUTMA/IR according to Article 8(1)(a) EUTMR with decision issued on February 7, 2024 by the EUIPO. The Appeal with reference B R0781/2024-4 was Trade mark application partially refused according to Article 8(1)(b) EUTMR with decision issued on November 20, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer game programs
Computer game software
Video games software
Computer game software for use on mobile and cellular phones
Electronic game software for mobile phones
Game programmes [programs] and software for use with electronic games of all kinds
Downloadable computer game software via a global computer network and wireless devices
Computer games programs downloaded via the internet [software]
Downloadable electronic game programs
Computer software applications, downloadable
Computer software, recorded
Computer programs [downloadable software]
Video game cartridges
Electronic publications, downloadable
Downloadable music files
Downloadable image files
Computer hardware
Computer peripheral devices
Computer keyboards
Optical discs
Mouse [computer peripheral]
Mouse pads
Wrist rests for use with computers
Laptop computers
Sleeves for laptops
Tablet computers
Covers for tablet computers
Personal digital assistants
Mobile telecommunications apparatus
Integrated circuit cards [smart cards]
Memory cards for video game machines
Joysticks for use with computers, other than for video games
Security tokens [encryption devices]
USB flash drives
Mobile telephones
Cases for smartphones
Protective films adapted for smartphones
Cell phone straps
Humanoid robots with artificial intelligence for use in scientific research, design and development of computer hardware and software, and computer gaming
Virtual reality headsets
Wearable video display monitors
Headphones
Materials for electricity mains [wires, cables]
Wires, electric
Batteries, electric
Battery chargers
Decorative magnets
Animated cartoons
Cinematographic film, exposed
Earphones
Cameras [photography]
Power sources [batteries]
Data recorded on magnetic materials
Computer programs recorded on data storage materials
Video enhancers
Apparatus for recording, transmission or reproduction of sound or images.
The mark was filed in class 41 with following description of goods:
Game services provided on-line from a computer network
Providing internet games, non-downloadable
Publishing services
Organization of electronic game competitions
Organization of competitions [education or entertainment]
Organization of cosplay entertainment events
Publication of texts, other than publicity texts
Providing on-line electronic publications, not downloadable
Organization of shows [impresario services]
Organization of exhibitions for cultural or educational purposes
Arranging and conducting of congresses
Presentation of live performances
Entertainer services
Television entertainment
Film production, other than advertising films
Providing on-line music, not downloadable
Providing on-line videos, not downloadable
Providing films, not downloadable, via video-on-demand services
Providing television programmes, not downloadable, via video-on-demand services
Providing online entertainment in the nature of game tournaments
Entertainment services
Video entertainment services
Interactive entertainment services
Entertainment information
Recreation information
Providing information, including online, about education, training, entertainment, sporting and cultural activities
Provision of news for entertainment purposes
Providing information on-line relating to computer games and computer enhancements for games
Amusement park services
Providing amusement arcade services
Providing recreation facilities
Club services [entertainment or education]
Toy rental
Games equipment rental.
The mark was filed in class 42 with following description of goods:
Computer software design
Rental of computer software
Computer software technical support services
Computer research services
Research and consultancy services relating to computer software
Computer programming
Hosting computer sites [websites]
Maintenance of websites
Providing temporary use of web-based software
Providing temporary use of web-based applications
Creating and designing website-based indexes of information for others [information technology services]
Software as a service [SaaS]
Platform as a service [PaaS]
Software development in the framework of software publishing
Information technology [IT] consultancy
Installation of computer software
Computer software consultancy
Recovery of computer data
Conversion of data or documents from physical to electronic media
Duplication of computer programs
Computer virus protection services
Providing search engines for the internet
Monitoring of computer systems by remote access
Web site design consultancy
Electronic data storage
Cloud computing
Outsource service providers in the field of information technology