The trademark NEO VEGAS was filed by Rational Intellectual Holdings Limited, a corporation established under the laws of "IM" (the "Applicant"). The application was published for oppositions on November 22, 2022, and received one opposition filed on December 18, 2022 by LeoVegas Gaming p.l.c on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 18, 2022
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Downloadable software in the nature of a mobile application
Downloadable software for social networking and creating and interacting with online communities
Downloadable software for creating, managing and accessing groups within virtual communities
Software development tools
Downloadable software to enable development, assessment, testing, and maintenance of mobile software applications for portable electronic communication devices
Downloadable software for use as an application programming interface (api)
Downloadable software for organizing events, searching for events, calendaring and managing events
Downloadable software for creating, editing, uploading, downloading, accessing, viewing, posting, displaying, tagging, blogging, streaming, linking, annotating, indicating sentiment about, commenting on, interacting with, embedding, and sharing or otherwise providing electronic media, images, video, audio, audio-visual content, data, and information via the internet and communication networks
Downloadable computer software for finding content and content publishers, and for subscribing to content
Downloadable software for creating and managing social media profiles and user accounts
Interactive photo and video equipment, namely, kiosks for capturing, uploading, editing, printing and sharing digital images and video
Downloadable software for streaming multimedia entertainment content, audio-visual content, video content, and associated text and data
Downloadable software for enabling transmission of images, audio, audio visual and video content and data
Downloadable software for modifying photographs, images and audio, video, and audio-visual content
Downloadable software for use in taking and editing photographs and recording and editing videos
Downloadable software for processing images, graphics, audio, video, and text
Downloadable software for collecting, managing, organizing, synchronizing, and the storage of data and information
Downloadable e-commerce software to allow users to perform electronic business transactions via a global computer and communication networks
Downloadable software and mobile application software providing a virtual marketplace
Downloadable software for sending and receiving electronic messages, alerts, notifications and reminders
Downloadable software for file sharing
Downloadable messaging software
Computer search engine software
Downloadable software that enables individuals, groups, companies, and brands to create and maintain an online presence and interact with online communities for marketing purposes
Downloadable virtual reality software
Downloadable augmented reality software
Downloadable mixed reality software
Virtual reality software for interactive entertainment and virtual reality gaming
Augmented reality software for interactive entertainment and augmented reality gaming
Downloadable software for integrating electronic data with real world environments for the purposes of entertainment, education, gaming, communicating, and social networking
Downloadable software for use in enabling computers, video game consoles, handheld video game consoles, tablet computers, mobile devices, and mobile telephones to provide virtual reality and augmented reality experiences
Downloadable software for operating, configuring, and managing virtual reality headsets and controllers
Downloadable software for gesture recognition, object tracking, motion control, and content visualization
Software, firmware and hardware for use in visual, voice, audio, motion, eye and gesture tracking and recognition
Downloadable software for navigating a virtual reality and augmented reality environments
Downloadable software for enabling users to experience virtual reality and augmented reality visualization, manipulation, and immersion
Downloadable software for recording, storing, transmitting, receiving, displaying and analyzing data from wearable computer hardware
Downloadable software for use in creating and designing virtual reality and augmented reality software
Application programming interface (api) for computer software for developing virtual reality and augmented reality experiences
Virtual reality game computer hardware
Augmented reality game computer hardware
Mixed reality game computer hardware
Virtual reality computer hardware
Augmented reality computer hardware
Motion tracking sensors for virtual reality and augmented reality technology
Virtual reality hardware, namely, headsets, glasses, and controllers for engaging in virtual reality experiences and playing virtual reality games
Augmented reality hardware, namely, headsets, glasses, and controllers for engaging in augmented reality experiences and playing augmented reality games
Wearable computing devices comprised primarily of software and display screens for connection to computers, tablet computers, mobile devices, and mobile phones in order to enable virtual reality and augmented reality world experiences
Hardware and software for operating sensor devices
Electronic sensor devices, cameras, projectors, and microphones for gesture, facial, and voice detection, capture and recognition
Hardware and software for detecting objects, user gestures and commands
Downloadable electronic game software in the nature of video games, computer games, interactive multimedia games, and virtual, augmented, and mixed reality games
Computer software for controlling the operation of audio and video devices
Video display software
Downloadable software for accessing and viewing text, images and electronic data relating to conferences in the field of software development
Downloadable software for converting natural language into machine-executable commands
Downloadable software for facilitating interaction and communication between humans and ai (artificial intelligence) platforms
Application programming interface (api) for use in developing ai (artificial intelligence) platforms, namely, bots, virtual agents and virtual assistants
Downloadable software, namely, an interpretive interface for facilitating interaction between humans and machines
Artificial intelligence software, namely, machine learning software, visual perception software, speech or language recognition software, decision-making software, translation software, touch recognition software, conversational query software, software for converting natural language into machine-executable commands, and digital assistant software
Downloadable virtual assistant software that can perform tasks or services on behalf of a user that is activated by user input, location awareness, and online information
Downloadable software for providing consumer information
Downloadable software for providing electronic maps
Location-aware downloadable software for searching, determining, and sharing locations
Downloadable software for searching and identifying employment opportunities
Downloadable software for identifying and allowing users to contact government representatives
Downloadable software providing location-based weather information
Downloadable software providing, linking to, or streaming news or current events information
Computer software
Computer operating systems
Downloadable software for enabling electronic devices to share data and communicate with each other
Computer peripheral devices
Wearable peripherals for computers, tablet computers, mobile devices and mobile telephones
Digital media streaming devices
Headsets and headphones
Video display hardware, namely, video drivers for video eyewear
Cameras
Power charging and power management devices for mobile electronic devices
Remote controls for mobile
Microphones
Sim cards
Downloadable software for use in customer relationship management (crm)
Downloadable software for use in facilitating voice over internet protocol (voip) calls, phone calls, video calls, text messages, instant message and online social networking services
Telecommunications equipment for providing third party access to, and enabling the transmission of video, data and voice over, global communications networks, namely, mobile and access computer and mobile telephone terminals, base transceiver stations and wireless radio parts thereof, data transceivers, data repeaters, routers and switches, transmission circuits, integrated circuits, computer hardware, mobile cloud clients and servers, multiplexers, digital signal processors
Telecommunications equipment for providing third party access to, and enabling the transmission of video, data and voice over, global communications networks, namely radio frequency signal processors, mobile switching circuits, air traffic electrical controllers, mobility electrical controllers, access electrical controllers, remote port electrical controllers, radio ports, antennas, electronic radio components
Software for telecommunications applications, and mobile core networks comprising data transceivers, wireless networks and gateways for collection, transmission and management of data, voice and video
Communication software and communication computer hardware for providing access to the internet
Telecommunications equipment
Downloadable software to allow users to perform e-commerce transactions via the internet and communications networks
Downloadable computer software for processing electronic payments
Downloadable software for building user interfaces
Downloadable software, for personalized, interactive television (tv) programming and for use in displaying and manipulating visual media, graphic images, text, photographs, illustrations, digital animation, video clips, film footage and audio data
Telecommunications apparatus and instruments, namely, speakers and microphones sold as component features of computers, mobile and wearable digital electronic devices for the sending and receiving of telephone calls, text messages, electronic mail, and other digital data, and for use in providing access to the internet
Wearable computer hardware
Downloadable software for accessing, monitoring, searching, displaying, reading, recommending, sharing, organizing, and annotating news, sports, weather, commentary, and other information, content from periodicals, blogs, and websites, and other text, data, graphics, images, audio, video, and multimedia content
Downloadable computer software for blockchain technology
Downloadable software for use with digital currency, crypto currency and virtual currency
Digital currency wallet and storage services software
Downloadable software for managing and validating digital currency, virtual currency, cryptocurrency, digital asset, blockchain asset, digitized asset, digital token, crypto token transactions
Augmented reality glasses
Augmented reality headsets
Augmented reality software
Augmented reality software for interactive entertainment
Augmented reality software for navigating an augmented reality environment
Augmented reality software for object tracking, motion control and content visualization
Augmented reality software for operating augmented reality headsets
Augmented reality software for users to experience augmented reality visualization, manipulation and immersion
Cables, namely, electronic cables and connection cables
Cases, straps, wrist and arm bands for electronic monitoring devices
Computer application software for smartphones and mobile devices in the fields of fitness and exercise featuring personal training services, coaching, workouts and fitness assessments
Computer application software for use in connection with configuring and controlling wearable computer hardware and wearable computer peripherals
Computer hardware for displaying data and video
Computer hardware for use in measuring heart rhythm
Computer hardware for use in taking electrocardiograms
Computer operating system software
Computer software development tools
Computer software for accessing, browsing and searching online databases
Computer software for creating, editing, uploading, downloading, accessing, viewing, posting, displaying, tagging, blogging, streaming, linking, annotating, indicating sentiment about, commenting on, embedding, transmitting, and sharing or otherwise providing electronic media or information via computer the internet and communication networks
Computer software for creating, managing, and interacting with an online
Virtual reality glasses
Virtual reality headsets
Virtual reality software
Virtual reality software for interactive entertainment
Virtual reality software for navigating a virtual reality environment
Virtual reality software for object tracking, motion control and content visualization
Virtual reality software for operating virtual reality headsets
Virtual reality software for users to experience virtual reality visualization, manipulation and immersion
Virtual, augmented, and mixed reality software for use in enabling computers, video game consoles, handheld video game consoles, tablet computers, mobile devices, and mobile telephones to provide virtual, augmented, and mixed reality experiences
Watches, bracelets, and wrist bands that communicate data to personal digital assistants, smart phones, and personal computers through internet websites and other computer and electronic communication networks
Virtual reality headsets for playing video games for connection to computers, video game consoles, handheld video game consoles, tablet computers, mobile devices, and mobile phones in order to enable virtual reality experiences
Audio and visual headsets for use in playing video games
Computer joysticks
Gaming headsets adapted for use in playing video games
Blockchain-based software platforms and distributed computing software platforms for auditing and verifying digital information and codes.
The mark was filed in class 28 with following description of goods:
Electronic and interactive multimedia game consoles
Video game interactive remote control units
Wearable peripherals for playing video games specially adapted for computers, video game consoles, handheld video game consoles, tablet computers, mobile devices, and mobile telephones
Game controllers for computer games
Hand-held units for playing electronic, computer, interactive, and video games
Gaming devices, mobile gaming devices, namely, gaming machines with or without video output for playing computer games and video games
Computer game consoles for use with an external display screen or monitor
Apparatus for electronic games other than those adapted for use with an external display screen or monitor
Apparatus for electronic games adapted for use with an external display screen or monitor
Bags specially adapted for handheld video games and video game consoles
Video game joysticks
Computer gaming consoles for recreational game playing
Fitted plastic films known as skins for covering and protecting electronic game playing apparatus, namely, video game consoles and hand-held video game units
Game controllers in the nature of keyboards for computer games
Games adapted for use with television receivers
Hand held joy stick units for playing video games
Handheld game consoles
Hand-held electronic games adapted for use with television receivers only
Hand-held games with liquid crystal displays
Hand-held units for playing electronic games for use with external display screen or monitor
Home video game machines
Lcd game machines
Player-operated electronic controllers for electronic video game machines
Protective carrying cases specially adapted for handheld video games and video game consoles
Standalone video game machine
Stands for electronic game playing apparatus, namely, video game consoles and hand-held video game units
Tabletop units for playing electronic games other than in conjunction with a television or computer
Video game interactive hand held remote controls for playing electronic games
Controllers for game consoles
Arcade video game machines
Video game consoles
Games and playthings
Equipment for sports and games.
The mark was filed in class 38 with following description of goods:
Telecommunications
Telecommunications services, namely, electronic transmission of electronic media, data, messages, graphics, images, photos, videos, audio visual content and files
Telecommunication services, namely, data transmission and reception services via telecommunication networks
Telecommunications and peer-to-peer network computer services, namely, electronic transmission of images, audio-visual and video content, photographs, videos, data, text, messages, advertisements, media advertising communications and information
Photo, video, and data sharing services, namely, electronic transmission of digital photo files, videos, and audio visual content among internet users
Telecommunication services, namely, electronic exchange of voice, data, audio, video, text and graphics accessible via the internet and other communications networks
Providing access to computer, electronic and online databases
Providing access to computer databases in the fields of social networking
Providing online forums for communication on topics of general interest
Providing online communications links which transfer mobile device and internet users to other webpages
Facilitating access to third party websites or to other electronic third party content via a universal login
Audio, text and video broadcasting services over the internet or other communications network
Voice over internet protocol (voip) service
Telecommunications services, namely, electronic transmission of virtual reality content and data
Web messaging services
Instant messaging services
Encrypted electronic transmission and delivery of recovered data
Streaming and live streaming of audio, visual and audiovisual gaming content via a global computer network
Providing access to interactive electronic and online databases of user-defined content, third-party content, photos, video, audio, visual, and audio-visual material in the field of general interest.
The mark was filed in class 41 with following description of goods:
Entertainment services
Publication of non-downloadable online journals, namely, weblogs (blogs) featuring user-defined content, blogs featuring advertising, marketing and business content, and blogs about virtual reality and augmented reality
Providing online non-downloadable electronic publications resources for software developers
Entertainment and educational services, namely, providing online non-downloadable publications about virtual reality technology via a website
Entertainment and educational services, namely, providing online non-downloadable publications about augmented reality technology via a website
Entertainment services, namely, providing interactive and multiplayer and single player games played via the internet or communication networks
Entertainment services, namely, providing online video games, computer games, electronic games, and interactive games
Providing a computer game for use network-wide by network users
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 games, interactive entertainment and virtual reality content and experiences
Entertainment services, namely, providing augmented reality games, interactive entertainment and augmented reality content and experiences
Entertainment services, namely, providing mixed reality games, interactive entertainment and mixed reality content and experiences
Entertainment services, namely, providing online virtual reality environments
Entertainment services, namely, providing online augmented reality environments
Augmented reality video production for entertainment purposes
Virtual reality video production for entertainment purposes
Multimedia entertainment production services
Entertainment and educational services, namely, providing non-downloadable movies, television shows, webcasts, audiovisual, and multimedia works via the internet, as well as information, reviews, and recommendations regarding movies, television shows, webcasts, audiovisual, and multimedia works
Providing information about online computer games and video games via the internet and other communications networks
Arranging and conducting competitions and entertainment events for players of video, computer, electronic or interactive multimedia games
Entertainment services, namely, arranging and conducting of competitions for encouraging use and development of interactive entertainment, virtual reality, augmented reality, consumer electronics, and video game entertainment software and hardware
Providing information in the field of entertainment
Sporting and cultural activities
Entertainment services, namely, providing online videos featuring games being played by others
Gaming services in the nature of providing a web site for consumers to broadcast game play to others
Augmented reality video production
Entertainment services, namely, providing online facilities for streaming entertainment content and live streaming video of entertainment events
Entertainment services, namely, providing online mixed reality environments
Mixed reality video production
Multimedia production services
Organizing exhibitions and events in the field of interactive entertainment, virtual reality, mixed reality, and augmented reality, consumer electronics and video game entertainment industries for cultural or educational purposes
Organizing exhibitions and events in the field of software development for educational purposes
Virtual reality video production.
The mark was filed in class 42 with following description of goods:
Design and development of computer hardware and software
Providing online non-downloadable software
Providing temporary use of non-downloadable software that gives users the ability to engage in social networking and manage their social networking content
Computer services, namely, creating an online community for registered users to engage in social networking
Providing temporary use of non-downloadable software for social networking, creating a virtual community, and transmission of audio, video, images, text, content, and data
Computer services in the nature of customized electronic personal and group profiles or webpages featuring user-defined or specified information, including, audio, video, images, text, content, and data
Application service provider (asp) featuring application programming interface (api) software which facilitates online services for social networking and developing software applications
Providing temporary use of non-downloadable software for creating, editing, uploading, downloading, accessing, viewing, posting, displaying, tagging, blogging, streaming, linking, annotating, indicating sentiment about, commenting on, interacting with, embedding, transmitting, and sharing or otherwise providing electronic media, images, video, audio, audio-visual content, data, and information via the internet and communication networks
Designing and developing computer game software and video game software for use with computers, video game program systems and computer networks
Development of hardware for use in connection with electronic and interactive multimedia games
Providing temporary use of non-downloadable software that gives users the ability to upload, modify and share virtual reality content, augmented reality content, mixed reality content, information, experiences and data
Hosting of virtual reality and augmented reality content on the internet
Providing temporary use of non-downloadable software for processing electronic payments
Providing temporary use of non-downloadable software for providing a virtual marketplace
Application service provider (asp) featuring software to enable or facilitate interaction and communication between humans and ai (artificial intelligence) platforms
Design of augmented reality and virtual reality effects for use in modifying photographs, images, videos and audio-visual content
Design and development of virtual reality and augmented reality and mixed reality hardware and software
Design and development of video game hardware and software
Interactive hosting services which allow the users to publish and share their own content and images online
Computer network services
Computer services
IT services
Application service provider (asp) services, namely, hosting computer software applications of others
Application service provider (asp) services, featuring e-commerce software for use as a payment gateway that authorizes processing of credit cards or direct payments for merchants
Application service provider (asp) services, namely, providing, hosting, managing, developing, and maintaining applications, software, websites and databases in the fields of information technology, blockchain, virtual currency, digital currency, cryptocurrency, and digital assets
Application service provider (asp) services featuring software for use in virtual currency, digital currency, cryptocurrency, and digital asset exchange and transactions
Application service provider (asp) featuring software to enable or facilitate the creating, editing, uploading, downloading, accessing, viewing, posting, displaying, commenting on, embedding, transmitting, and sharing or otherwise providing electronic media or information via the internet and communications networks
Application service provider services featuring application programming interface (api) software to allow users to perform electronic business transactions via a global computer network
Application service provider (asp) featuring software to enable or facilitate purchasing goods and services
Software as a service (saas) services
Platform as a service (paas) services
Providing temporary use of non-downloadable software which facilitates the ability of users to view, analyze, record, store, monitor, manage, trade and exchange digital currency, virtual currency, cryptocurrency, digital and blockchain assets, digitized assets, digital tokens, crypto tokens and utility tokens
Providing temporary use of non-downloadable software for sending, receiving, accepting, buying, selling, storing, transmitting, trading and exchanging digital currency, virtual currency, cryptocurrency, digital and blockchain assets, digitized assets, digital tokens, crypto tokens and utility tokens
Providing temporary use of non-downloadable software for implementing and recording financial transactions, for creating accounts and maintaining and managing information about financial transactions on distributed public ledgers and peer to peer payment networks
Providing temporary use of non-downloadable software for processing electronic payments and for transferring funds to and from others
Providing electronic financial platform software
Providing software for use as an application programming interface (api) for the development, testing, and integration of blockchain software applications
Providing temporary use of non-downloadable software for transfers of digital currency, virtual currency, cryptocurrency, digital and blockchain assets, digitized assets, digital tokens, crypto tokens and utility tokens between parties
Providing temporary use of non-downloadable software for use with virtual currency
Providing software for use with digital currency
Providing software for use with cryptocurrency
Providing temporary use of non-downloadable software for use with digital currency wallet and storage services
Providing software for use as a cryptocurrency wallet
Providing software for use as an electronic wallet
Providing software for use as a digital wallet
Electronic data storage services
Providing temporary use of non-downloadable software for electronic funds transfer
Providing temporary use of non-downloadable software for currency conversion
Providing temporary use of non-downloadable software for the collection and distribution of data
Providing temporary use of non-downloadable software for managing and validating digital currency, virtual currency, cryptocurrency, digital asset, blockchain asset, digitized asset, digital token, crypto token and utility token transactions
Providing temporary use of non-downloadable software for creating and managing smart contracts
Providing temporary use of non-downloadable software for managing payment and exchange transactions
Software as a service (saas) services featuring software for clearing, allocation, compliance, recordation and settlement of trading related to digital currency, virtual currency, cryptocurrency, digital and blockchain assets, digitized assets, digital tokens, crypto tokens and utility tokens
Platform as a service (paas) services featuring software for clearing, allocation, compliance, recordation and settlement of trading related to digital currency, virtual currency, cryptocurrency, digital and blockchain assets, digitized assets, digital tokens, crypto tokens and utility tokens
Platform as a service (paas) featuring software platforms for facilitating transactions and payments using digital currency, virtual currency, cryptocurrency, digital and blockchain assets, digitized assets, digital tokens, crypto tokens and utility tokens that allow users to buy from, and sell products and services to others
Software as a service (saas) featuring software platforms for facilitating transactions and payments using digital currency, virtual currency, cryptocurrency, digital and blockchain assets, digitized assets, digital tokens, crypto tokens and utility tokens that allow users to buy from, and sell products and services to others
Design, development and implementation of audit and security software for blockchain-based platforms
Providing temporary use of non-downloadable software for use in facilitating secure transactions
Providing temporary use of non-downloadable software for auditing digital currency, virtual currency, cryptocurrency, digital and blockchain assets, digitized assets, digital tokens, crypto tokens and utility tokens
Design, development, and implementation of software for distributed computing platforms
Design, development, and implementation of software for blockchain
Design, development, and implementation of software for digital currency, virtual currency, cryptocurrency, digital and blockchain asset, digitized asset, digital token, crypto token and utility token wallets
Design, development, and implementation of software for third-party verification services for digital currency transactions, including but not limited to transactions involving bitcoin currency
Providing temporary use of non-downloadable software for users to buy and sell products by using digital currency, virtual currency, cryptocurrency, digital and blockchain assets, digitized assets, digital tokens, crypto tokens and utility tokens
Providing temporary use of non-downloadable software for use in accessing, reading, tracking, and using blockchain technology
Technical consultancy services related to digital currency, virtual currency, cryptocurrency, digital and blockchain asset, digitized asset, digital token, crypto token and utility token transactions
Platform as a service (paas) featuring computer software platforms for computer system and application development, deployment, and management
Providing temporary use of non-downloadable software for use in the exchange of virtual items
Providing temporary use of non-downloadable software for use in issuing digital currency, virtual currency, cryptocurrency, digital and blockchain assets, digitized as
Computer services in the nature of providing customized online pages featuring user-defined or specified information, personal profiles, virtual reality, mixed reality, and augmented reality content and data
Computer services, namely, creating virtual communities for registered users to organize groups and events, participate in discussions, get feedback from their peers, and engage in social, business and community networking
Computer software development
Design and development of augmented reality hardware and software
Design and development of mixed reality hardware and software
Design and development of virtual reality hardware and software
Computer services, namely, providing technical support services regarding the usage of communications equipment