The trademark Human HighScore was filed by Unthought GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on May 19, 2022, and received one opposition filed on August 21, 2022 by Classic FM Limited on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by MISHCON DE REYA IP B.V. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 21, 2022
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 16 with following description of goods:
Printed matter, and stationery and educational supplies
Bags and articles for packaging, wrapping and storage of paper, cardboard or plastics
Graphic representations
Graphic prints
Graphic art prints
Pictures
Printed books, magazines, newspapers, and other paper-based media
Stickers [stationery]
Printed cards
Prints in the nature of pictures
Prints
Thank you cards
Bunting of paper
Flyers
Photographic reproductions
Birthday cards
Printed award certificates
Printed charts
Printed calendars
Printed vouchers
Mounted posters
Headed notepaper
Art prints
Name cards
Posters made of paper
Postcards
Adhesive-backed letters and numbers.
The mark was filed in class 25 with following description of goods:
Clothing
Headgear
Footwear.
The mark was filed in class 38 with following description of goods:
Providing on-line forums for transmission of messages among computer users
Providing an online interactive bulletin board
Chatroom services for social networking
Providing Internet chatrooms and Internet forums
Providing email notification alerts via the internet
Computerised communication services
Computer aided transmission of messages, information and images
Electronic exchange of messages via chat lines, chatrooms and Internet forums
Electronic data interchange services
Internet communication
Streaming of data
Streaming video material on the Internet
Video and television streaming services
Providing user access to platforms on the Internet
Providing user access to portals on the Internet
Providing user access to a global computer network and online sites containing information on a wide range of topics
All of the aforementioned in relation to online donation platforms and services.
The mark was filed in class 41 with following description of goods:
Provision of interactive on-line entertainment
Online interactive entertainment
Education, entertainment and sport services
Publishing, reporting, and writing of texts
Organisation of conferences, exhibitions and competitions
Arranging of competitions via the Internet
Provision of information relating to entertainment online from a computer database of the Internet
Entertainment agency services
Arranging and conducting of meetings in the field of entertainment
Visual display presentation services for entertainment purposes
Arranging and conducting of cultural activities
Interactive entertainment services
Popular entertainment services
Entertainment provided via the internet
All of the aforementioned in relation to online donation platforms and services
Art gallery services.
The mark was filed in class 42 with following description of goods:
Hosting services, software as a service, and rental of software
Software development, programming and implementation
All of the aforementioned in relation to online donation platforms and services