The trademark NEWBIE was filed by KappAhl Sverige AB, a corporation established under the laws of the Kingdom of Sweden (the "Applicant"). The application was published for oppositions on August 9, 2022, and received one opposition filed on November 9, 2022 by Admar International, Inc. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by BIRD & BIRD LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 9, 2022
The application was filed in Swedish, and Swedish was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Downloadable virtual goods, namely computer programs that demonstrate the following goods: Cosmetics, Perfumes, Bells, Shoes, clothing, headgear, Spectacles, glasses, sunglasses, Helmets for athletes, spectacles for athletes, Bags, Sports bags, Backpacks, Sports equipment, the arts, Toys, hand cases and Wallets All the aforesaid virtual goods intended for use in virtual online environments
Downloadable software for providing access to an online virtual environment
Sound and music recordings
Downloadable digital music.
The mark was filed in class 35 with Retailing relating to the followings goods: Virtual goods, Namely machines for metallurgy, Purposes, Perfumery, Bells, Shoes, Clothing, headgear, Eyewear, sunglasses, Sports helmets, Sport goggles, bags, athletic bags, Rucksacks, sport equipment, art, Playthings, Handbags and pocket wallets, The aforesaid goods for use online and Online retailing and Online retailing in relation to the following goods: Virtual goods, Namely machines for metallurgy, Cosmetics, Perfumery, Bells, Shoes, Clothing, headgear, Eyewear, sunglasses, Sports helmets, Sport goggles, Bags, Sports bags, Rucksacks, sport equipment, art, Playthings, Handbags and wallets..
The mark was filed in class 41 with following description of goods:
Entertainment services in particular providing on-line, non-downloadable virtual goods in relation to the following goods: Cosmetics, Perfumes, Pocket watches and wristwatches, Shoes, Articles of clothing, Hat wear, Lenses for the eye, Sunglasses, helmets for sports, Spectacles for playing sports, Bags, Bags for sports, Backpacks, Sports equipment, art, toys, Hand-bags and Pocket wallets The aforesaid goods for use in virtual environments online
Entertainment, namely providing of online video games
Providing online music, not downloadable
Production of music
Providing of an interactive website for virtual reality game services
Entertainment services, Namely online providing of non-downloadable virtual goods, in relation to the following goods: Shoes, Articles of clothing, Sports bags and Sports equipment, The aforesaid goods for use in virtual environments created for entertainment purposes.
The mark was filed in class 42 with following description of goods:
Providing of non-downloadable computer programs for the creation, production and modification of animated and non-animated digital patterns and figures, avatars, digital overlays and skins for access and use in online environments and in virtual online environments
Electronic storage of digital music
Providing of computer application programs for virtual gaming services
Entertainment services, in particular, providing online non-downloadable software for games
Entertainment services, Namely providing of virtual computer environments into which users can be integrated For recreation purposes, for leisure purposes or for entertainment purposes.