The trademark NFT ART MOOOL was filed by MADE IN ART STUDIO SL, a corporation established under the laws of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on July 20, 2022, and received one opposition filed on October 19, 2022 by Moooi B.V. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by DE MERKPLAATS B.V. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 19, 2022
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003181355 was refused according to Article 8(1)(b) EUTMR with decision issued on February 8, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Works of art relating to painting, sculptures, literature, dance, music, architecture, films and audiovisual creations authenticated by non-fungible tokens (NFTs)
Downloadable art image files authenticated by non-fungible tokens
Computer programs, downloadable
Non-fungible tokens used with blockchain technology, namely, downloadable image and multimedia files containing artwork
Digital art (downloadable)
Digital goods, namely, Works of fine art.
The mark was filed in class 35 with following description of goods:
Maintaining a registry of ownership of digital art
Maintaining a registry of ownership of digital art represented by non-fungible tokens
Providing an online marketplace for buyers and sellers of blockchain-based non-fungible assets
Providing an online marketplace for buyers and sellers of crypto collectibles
Retail services connected with and relating to the following goods: Virtual works of art
Online retail services in relation to: Virtual works of art
Conducting interactive virtual auctions
Providing an online marketplace for buyers and sellers of crypto collectibles
Providing an online marketplace for buyers and sellers of blockchain-based non-fungible assets
Providing an online marketplace featuring blockchain-based non-fungible assets and crypto collectibles
Retail services for works of art provided by art galleries
Retailing and/or wholesaling of works of art
Carrying out auction sales.
The mark was filed in class 41 with following description of goods:
Cultural, educational and recreational services provided by virtual art galleries
Art gallery services provided on-line via a telecommunications link
Virtual art gallery services
Virtual art exhibitions
Entertainment services, namely, Providing online non-downloadable digital goods, namely digital works of art
Cultural, educational or entertainment services provided by art galleries