The trademark WHITESPACE was filed by Whitespce LLC, a Limited Liability Company (the "Applicant"). The application was published for oppositions on June 26, 2022, and received one opposition filed on September 26, 2022 by Staalnacke Industries AS on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by ACAPO AS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 26, 2022
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:
Goggles for sports
Snow goggles
Downloadable virtual goods for use in interactive computerized artificial environments, namely, goggles for sports, snow goggles, fanny packs, backpacks, luggage, shirts, t-shirts, sweatshirts, hats, gloves, snowboard gloves, jackets, snowboard jackets, pants, snowboard pants, trousers, snowboard trousers, beanies, socks, anoraks, pullovers, clothing, namely, base layers, snowboard boots, snowboard boot bags, snowboards, snowboard bindings, and snowboard bags specially designed to hold snowboards
Downloadable virtual goods for use in interactive computerized artificial environments, namely, snowboard luggage specially designed to hold snowboards, snowboard backpacks specially designed to hold snowboards, and clothing, namely, base layers
Recorded virtual goods for use in interactive computerized artificial environments, namely, goggles for sports, snow goggles, fanny packs, backpacks, luggage, shirts, t-shirts, sweatshirts, hats, gloves, snowboard gloves, jackets, snowboard jackets, pants, snowboard pants, trousers, snowboard trousers, beanies, socks, anoraks, pullovers, clothing, namely, base layers, snowboard boots, snowboard boot bags, snowboards, snowboard bindings, and snowboard bags specially designed to hold snowboards
Recorded virtual goods for use in interactive computerized artificial environments, namely, snowboard luggage specially designed to hold snowboards, snowboard backpacks specially designed to hold snowboards, and clothing, namely, base layers
Goggles
Protective eyewear
Downloadable software and mobile application software for use in virtual reality and augmented reality environments.
The mark was filed in class 18 with following description of goods:
Fanny packs
Backpacks
Luggage
Bags
Bags for sports.
The mark was filed in class 25 with following description of goods:
Shirts
T-Shirts
Sweatshirts
Hats
Gloves
Snowboard gloves
Jackets
Snowboard jackets
Pants
Snowboard pants
Trousers
Snowboard trousers
Beanies
Socks
Anoraks
Pullovers
Clothing, namely, base layers
Snowboard boots
Snowboard boot bags
Clothing, Footwear, Headwear.
The mark was filed in class 28 with following description of goods:
Snowboards
Snowboard Bindings
Snowboard bags specially designed to hold snowboards
Snowboard luggage specially designed to hold snowboards
Snowboard backpacks specially designed to hold snowboards
Gymnastic and Sporting articles
Sports equipment.
The mark was filed in class 41 with following description of goods:
Online non-downloadable virtual goods for use in interactive computerized artificial environments, namely, goggles for sports, snow goggles, fanny packs, backpacks, luggage, shirts, t-shirts, sweatshirts, hats, gloves, snowboard gloves, jackets, snowboard jackets, pants, snowboard pants, trousers, snowboard trousers, beanies, socks, anoraks, pullovers, clothing, namely, base layers, snowboard boots, snowboard boot bags, snowboards, snowboard bindings, and snowboard bags specially designed to hold snowboards
Online non-downloadable virtual goods for use in interactive computerized artificial environments, namely, snowboard luggage specially designed to hold snowboards, snowboard backpacks specially designed to hold snowboards, and clothing, namely, base layers
Providing online non-downloadable game software
Virtual reality game services provided via the internet and other communications networks
Augmented reality game services provided via the internet and other communications networks
Entertainment services, namely, providing virtual reality content and experiences
Entertainment services, namely, providing augmented reality content and experiences
Entertainment services, namely, providing mixed reality content and experiences.