The trademark JUST HYPE was filed by Just Hype Limited, a corporation established under the laws of the United Kingdom of Great Britain and Northern Ireland (the "Applicant"). The application was published for oppositions on June 20, 2022, and received one opposition filed on September 15, 2022 by Ulrich Jüstrich Holding AG on Likelihood of confusion. the opponent was represented by ELZABURU, S.L.P. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 15, 2022
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
The Opposition with reference B 003178863 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on September 17, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Optical apparatus and instruments
Sunglasses
Sports goggles
Spectacles
Ski goggles
Cases, cords and chains for sunglasses, spectacles, ski goggles and sports goggles
Containers for contact lenses
Laptop bags
Bags and cases for personal digital assistants, electronic organisers, tablet computers and e-book devices
Computer hardware
Mats for use with a computer mouse
Fascias, cases, covers, carry bags and holders for telephones, smart phones, mobile telephones, satellite navigational devices, MP3
Protective helmets for use in sports
Helmets
Swimming goggles
Wearable activity trackers
Pedometers
Altimeters
Personal digital assistants
Personal electronic devices used to track fitness goals and statistics
Wearable electronic devices, namely, watches, bracelets, and wristbands that are comprised of software that communicates data to personal digital assistants, smartphones, and personal computers through Internet websites and other computer and electronic communication networks
Wearable digital electronic devices comprised primarily of software for alerts, messages, emails, and reminders, and for recording, organizing, transmitting, manipulating, reviewing, and receiving text, data, audio, image, video and digital files and display screens
Downloadable software in relation to customer incentive and loyalty-award programs for clothing and fashion items
Downloadable virtual goods, namely, computer programs for the creation and trade of digital collectibles using blockchain-based software technology and smart contracts, featuring players, games, records, statistics, information, photos, images and experiences in the field of sports, entertainment, fashion, and pop-culture
Downloadable digital media, namely, digital collectibles created with blockchain-based software technology and smart contracts, in the nature of photos, images, and videos of players, games, and virtual experiences in the field of sports, entertainment, fashion, and pop-culture
Downloadable software which enables users to receive, access, spend, trade and manage cryptocurrency, digital currency, digital tokens, non-fungible tokens (NFTs), digital collectibles and digital assets
Downloadable software for creating an on-line community for users to participate in discussions, form virtual communities, and engage in social networking featuring user-generated content, cryptocurrency, digital currency, digital tokens, non-fungible tokens (NFTs), digital collectibles, digital assets, of sports, entertainment, fashion, and pop-culture
Downloadable digital multimedia content, namely, non-fungible tokens (NFTs), featuring textual and graphic content
Downloadable software in the fields of non-fungible tokens (NFTs) and crypto-collectibles
Downloadable electronic data files featuring physical assets, artwork, music, text and audio and video, and other media provided via non-fungible tokens (NFTs)
Downloadable mobile applications for providing access to crypto-collectibles, crypto-art and application tokens
Downloadable virtual goods, namely, computer programs featuring footwear, clothing, headgear, eyewear, bags, sports bags, backpacks, cosmetics, toiletries, perfumes, watches, jewellery, sports equipment, art, toys and accessories for use online and in online virtual worlds
Downloadable software for electronically trading, storing, sending, receiving, accepting and transmitting digital currency and managing digital currency and multiple types of payment and debt transactions and exchange transactions
Downloadable software and mobile applications for use as a cryptocurrency wallet and managing cryptocurrency transactions using blockchain technology
Downloadable computer software, namely, downloadable computer software relating to digital assets
Downloadable computer software for facilitating blockchain-based financial transactions using cryptocurrency
Downloadable computer software enabling users to compile, store, transmit, receive, trade and exchange virtual currencies, cryptocurrencies and other digital assets
Downloadable software for displaying digital images
Downloadable mobile applications for cryptocurrency transactions
Downloadable software for use in electronically trading and settlement, storing, sending, receiving, accepting, and transmitting digital assets including, but not limited to, cryptocurrency and non-fungible tokens (NFTs)
Downloadable computer software for cryptocurrency, any encrypted version of digital currency, including any digital currency whose characteristics are held in the form of or via a block chain
Downloadable computer software for peer-to-peer currency, digital currencies and cryptocurrencies which are capable of exchange defined network of users
Downloadable computer software for the purchase and sale of rights to digital visual images
Smart cards
Electronic multi retail vouchers
Electronic credit cards
Electronic debit cards
Encoded cards
Cards bearing stored information
Encoded gift cards
Magnetically encoded gift cards.
The mark was filed in class 14 with following description of goods:
Precious metals and their alloys
Semi precious and precious stones
Jewellery
Imitation jewellery
Costume jewellery
Key rings
Earrings
Nose rings
Lip cuffs
Nose studs tie clips
Trinkets
Emblems for wear (of precious metal)
Brooches
Hair adornments (of precious metal)
Horological and chronometric instruments
Clocks
Watches
Watch bands
Watch straps
Watch cases
Cufflinks, tie-pins
Scarf pins
Scarf rings
Parts and fitting for all the aforesaid goods.
The mark was filed in class 18 with following description of goods:
Bags
Bags for sports
Briefcases
Luggage
Suitcases
Wallets
Purses
Handbags
Belts
Hat boxes for travel
Rucksacks
Backpacks
School bags
School satchels
Shopping bags
Clutch bags
Evening bags
Shoulder bags
Toiletry bags
Make-up bags
Kit bags
Gym bags
Beach bags
Cross body bags
Tote bags
Travel bags
Travel documents wallets
Credit card cases
Luggage tags
Card holders
Garment bags
Travelling sets
Document cases and folders
Suit bags
Brief cases and attaché cases
Beauty cases
Vanity cases
Umbrellas.
The mark was filed in class 25 with Clothing, footwear, headgear and imitation leather belts..
The mark was filed in class 35 with following description of goods:
Retail, online retail and wholesale services in connection with the sale of clothing, headgear, footwear, sportwear, leisurewear, bags, luggage, wallets, purses, fashion accessories, textiles, jewellery, imitation jewellery, sports equipment, art, toys and accessories, watches, sunglasses, eyewear, eyewear cases, cosmetics, toiletries, perfumery, nail products, make-up, candles, essential oils, room fragrances, computer equipment, wearable tech products, sporting goods, stationery, leather furniture
Retail, online retail and wholesale services in connection with the sale of furnishings, textiles, curtains, carpets, furniture, games and playthings, suitcases, belts, linen including towels, sheets, pillows and pillow cases
The provision of advice and information to customers and potential customers in the selection of clothing, headgear, footwear, sportwear, leisurewear, bags, luggage, wallets, purses, fashion accessories, textiles, jewellery, imitation jewellery, sports equipment, art, toys and accessories, watches, sunglasses, eyewear, eyewear cases, cosmetics, toiletries, perfumery, nail products, make-up, candles, essential oils, room fragrances, computer equipment, wearable tech products, sporting goods, stationery
The provision of advice and information to customers and potential customers in the selection of leather furniture, furnishings, textiles, curtains, carpets, furniture, games and playthings, suitcases, belts, linen including towels, sheets, pillows and pillow cases
Retail store services featuring virtual goods, namely, sports equipment, art, toys and accessories, stationery, leather furniture, furnishings, textiles, curtains, carpets, furniture, games and playthings, suitcases, belts, linen including towels, sheets, pillows and pillow cases for use online
On-line retail store services featuring virtual merchandise, namely, leather furniture, furnishings, textiles, curtains, carpets, furniture, games and playthings, suitcases, belts, linen including towels, sheets, pillows and pillow cases, accessories, stationery
Loyalty card services
Organisation, operation and supervision of loyalty card, incentive and promotional schemes
Loyalty, incentive and bonus program services
On-line advertising on a computer network
Advertising by mail order
Business information
Sales promotion for others
Import-export agencies
Procurement services for others [purchasing goods and services for other businesses]
Business management
Business administration
Office functions
Accountancy
Direct mail advertising
Rental of advertising space
Publicity
Shop window dressing
Demonstration of goods
Distribution of samples
Publication of publicity texts
Providing digital collectible services, namely, operating an online marketplace for transactions and registry services using blockchain-based software technology and smart contracts for digital collectibles featuring players, games, records, statistics, information, photos, images and experiences in the field of sports, entertainment, fashion, and pop-culture
Organisation and management of loyalty, incentive and bonus program services using cryptocurrency via blockchain-based digital transactions
Administration of loyalty rewards program using cryptocurrency via blockchain-based digital transactions
Administration of blockchain-based loyalty and incentive schemes
Providing an on-line marketplace for buyers and sellers of digital currency assets, non-fungible tokens (NFTs), physical assets, artwork, music, text and audio and video, and other media
Consultancy and information services in relation to the aforesaid services.