The trademark THE CIRCLE STUDIO was filed by KIRIN S.R.L., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on July 21, 2022, and received one opposition filed on October 23, 2022 by XMPIE Ltd. on Likelihood of confusion. the opponent was represented by WITHERS & ROGERS LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 23, 2022
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 35 with following description of goods:
Event marketing
Arranging and conducting of promotional events
Arranging and conducting of marketing events
Organisation of events for commercial and advertising purposes
Preparation of audio and/or visual displays for businesses
Retail services in relation to: Virtual assets, namely Instruments and equipment for use in online virtual worlds, namely Ophthalmic goods, telephone products, Computers, Tablets, Television receiving sets, Radio advertising and CD drives, MP-3 and MP-4 players, Three dimensional viewers
Retail services in relation to: Virtual assets, namely Instruments and equipment for use in online virtual worlds, namely bags, Suit cases, carry all bags, Sports bags, Back packs, Apparatus for use in sports, Works of art, Toys, vehicles
Retail services in relation to: Virtual assets, namely Instruments and equipment for use in online virtual worlds, Namely cosmetics, Perfume, Perfumes, Fragrances for rooms
Retail services in relation to: Virtual assets, namely Instruments and equipment for use in online virtual worlds, namely Jewellery of precious metal and Jewellery, Stationery, Books, newsletters, magazines, pamphlets, and brochures, greeting cards, newspapers, periodicals, Catalogue services, appointment books, Calendars
Retail services in relation to: Virtual assets, Namely instruments and equipment for use in online virtual worlds, Namely sponges, Hair combs, hair brushes, makeup brushes, Applicators for cosmetics and make-up
Online retailing in relation to the following goods: Physical goods and virtual merchandise That is Ophthalmic goods, telephone products, Computers, Tablets, Television receiving sets, Radio advertising and CD drives, MP-3 and MP-4 players, Three dimensional viewers, The aforesaid goods for use by members of an online community in connection with a designated website featuring fictional characters
Online retailing in relation to the following goods: Physical goods and virtual merchandise namely bags, Suit cases, carry all bags, Sports bags, Back packs, Apparatus for use in sports, art, Toys, Vehicles, The aforesaid goods for use by members of an online community in connection with a designated website featuring fictional characters
Online retailing, in relation to the following goods: Physical goods and virtual merchandise, Namely cosmetics, Perfume, Perfumes, Fragrances for rooms, The aforesaid goods for use by members of an online community in connection with a designated website featuring fictional characters
Online retailing in relation to the following goods: Physical goods and virtual merchandise, That is Jewellery of precious metal and Jewellery, Stationery, Books, newsletters, magazines, pamphlets, and brochures, greeting cards, newspapers, periodicals, Catalogue services, appointment books, Calendars, The aforesaid goods for use by members of an online community in connection with a designated website featuring fictional characters
Online retailing in relation to the following goods: Physical goods and virtual merchandise, Namely sponges, Hair combs, hair brushes, makeup brushes, Applicators for cosmetics and make-up, The aforesaid goods for use by members of an online community in connection with a designated website featuring fictional characters
Retail services in relation to: Virtual assets, Namely footwear, Clothing, Headgear, Ophthalmic goods, all the aforesaid goods for use online
Retail services in relation to: Virtual assets, namely bags, Sports bags, Back packs, Apparatus for use in sports, Works of art, Toys and accessories, all the aforesaid goods for use online, That is telephone products, Smart phone apparatus, Computers, Tablets, Television receiving sets, Radio advertising and CD drives, MP-3 and MP-4 players, Three dimensional viewers, Cosmetic preparations, Perfume, Perfumes, Fragrances for rooms, Real and costume jewellery, Sponges, Hair combs, hair brushes, makeup brushes, Applicators for cosmetics and make-up
Online retail services in relation to: virtual merchandise, Namely footwear, Clothing, Headgear, Ophthalmic goods, all the aforesaid goods for use online
Online retail services in relation to: virtual merchandise, namely bags, Sports bags, Back packs, Apparatus for use in sports, art, Toys and accessories, all the aforesaid goods for use online That is telephone products, Smart phone apparatus, Computers, Tablets, Television receiving sets, Radio advertising and CD drives, MP-3 and MP-4 players, Three dimensional viewers, Cosmetic preparations, Perfume, Perfumes, Fragrances for rooms, Real and costume jewellery, Sponges, Hair combs, hair brushes, makeup brushes, Applicators for cosmetics and make-up.
The mark was filed in class 38 with following description of goods:
Audio broadcasting
Video, audio and television streaming services
Broadcasting of video and audio programming over the Internet
Transmission of data, audio, video and multimedia files
Transmission of audio and video content via computer networks
Digital transmission services for audio and video data
Delivery of digital audio and/or video by telecommunications
Audio and video broadcasting services provided via the Internet
Provision of telecommunication access to video and audio content provided via an online video-on-demand service
Provision of teleconferencing facilities
Teleconferencing services
Inter-active video text services
Interactive teletext services
Interactive telecommunications services.
The mark was filed in class 41 with following description of goods:
Provision of recreational events
Providing information on congress events
Video editing services for events
Presentation of live entertainment events
Special event planning consultation
Training
Computer training
Advanced training
Workshops for training purposes
Provision of training courses
Production of sound and image recordings on sound and image carriers
Provision of audio and visual media via communications networks
Provision of online information relating to audio and visual media
Entertainment services, namely, providing virtual environments in which users can interact, For recreational purposes, For entertainment purposes or For entertainment purposes
Entertainment services, namely, Providing non-downloadable virtual goods online in relation to the following goods: Foot wear, Clothing, headgear and headwear, Eyewear, The aforesaid goods for use in virtual environments
Entertainment services, namely, Providing non-downloadable virtual goods online in relation to the following goods: Bags, Sports bags, Backpacks, sporting facilities, The aforesaid goods for use in virtual environments
Entertainment services, namely, Providing non-downloadable virtual goods online in relation to the following goods: Works of fine art, toys, accessories, Animated and non-animated digital designs and Characters, Avatars, Digital overlays and digital skins, The aforesaid goods for use in virtual environments
Virtual reality and interactive game services provided online via a global computer network and through various wireless networks and electronic devices
Entertainment services, specifically, Online games, non-downloadable and Online video games
Entertainment services, specifically, providing virtual environments in which users can interact For recreational purposes, For entertainment purposes or For entertainment purposes
Entertainment services, namely, providing an online environment featuring streaming of entertainment content and live streaming of entertainment events
Entertainment services, in particular organisation, arranging and performance of virtual shows and social entertainment events
Entertainment services via a website featuring photographic, audio, video and prose materials with recreational information about the metaverse and non-fungible tokens (NFTs)
Providing of computer games for use in the metaverse
Entertainment services, namely, Online providing in relation to the following goods: Non-downloadable virtual goods, namely Foot wear, Clothing, headgear and headwear, Eyewear, Bags, Sports bags, Backpacks, sporting facilities, art, toys and accessories, The aforesaid goods for use in virtual environments
Entertainment services, namely, Online providing in relation to the following goods: Virtual goods, non-downloadable, Namely telephony goods, Smartphones, Computers, Tablet computers, TV set, Radio and Cd-players, MP3 players and MP4 players, three-dimensional viewers, The aforesaid goods for use in virtual environments
Entertainment services, namely, Online providing in relation to the following goods: Non-downloadable virtual goods, namely Cosmetic products, Perfumery goods, Perfumes, Scent diffusers, The aforesaid goods for use in virtual environments
Entertainment services, namely, Online providing in relation to the following goods: Non-downloadable virtual goods, namely Jewels and Fake jewellery, The aforesaid goods for use in virtual environments
Entertainment services, namely, Online providing in relation to the following goods: Non-downloadable virtual goods, namely Sponges, Brushes and Combs, Make-up brushes, cosmetics and make-up applicators, The aforesaid goods for use in virtual environments
Entertainment services, namely, Providing of online fashion shows for use in virtual environments, not downloadable.