The trademark HERCULES: RISE OR THE GODS was filed by Marvel Characters, Inc., a U.S. corporation (the "Applicant"). The application was published for oppositions on July 26, 2022, and received one opposition filed on September 21, 2022 by DRUCHEMA, druzstvo pro chemickou výrobu a sluzby on Likelihood of confusion. the opponent was represented by Rott, Růžička & Guttmann s.r.o. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 21, 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:
Apparatus for recording sound
Apparatus for recording images
Apparatus for recording data
Apparatus for transmission of sound
Apparatus for transmission of images
Apparatus for the transmission of data
Apparatus for reproduction of sound
Apparatus for the reproduction of images
Apparatus for the reproduction of data
Digital recording media
CDs
DVDs
Downloadable video recordings
Audio discs
Audio books
Audio recordings
Video recordings
Audio speakers
Binoculars
Calculators
Camcorders
Cameras
Chargers for mobile phones
Batteries for mobile phones
Mobile phone cases
Keyboards for mobile phones
Straps for mobile phones
Carriers adapted for mobile phones
Wireless headsets for mobile phones
Mobile phone docking stations
Dashboard mounts for mobile phones
Protective cases for mobile phones
Carrying cases for mobile telephones
Auxiliary speakers for mobile phones
Auxiliary batteries for mobile phones
Flip covers for mobile phones
Stands adapted for mobile phones
Battery chargers for mobile phones
Hands free devices for mobile phones
Display screen protectors in the nature of films for mobile phones
Face plates for cellular telephones
Chips containing musical recordings
Compact disc players
Compact disc recorders
Compact discs
Computer game programs
Computers
Computer hardware
Computer keyboards
Computer monitors
Computer mouse
Computer disc drives
Computer software
Decorative magnets
Digital cameras
Digital video players
Audio players
DVD players
DVD recorders
Digital versatile discs
Digital video discs
Downloadable software applications for mobile phones
Downloadable computer software applications
Downloadable electronic publications
Electronic personal organizers
Eyeglass cases
Eyeglasses
Life jackets
Graduated rulers
Headphones
Karaoke machines
Microphones
MP3 players
Mouse pads
Motion picture films
Musical recordings
Personal digital assistants
Printers
Protective helmets for sports
Bicycle helmets
Radios
Snorkels
Swimming goggles
Swim masks
Sunglasses
Telephones
Television sets
Video cameras
Downloadable video game software
Video game software
Walkie-talkies
Wrist rests for use with computers
Arm rests for use with computers
Protective covers for tablet computers
Cases for tablet computers
Downloadable ringtones for mobile phones
Downloadable emoticons for mobile phones
Downloadable graphics for mobile phones
Podcasts..
The mark was filed in class 14 with following description of goods:
Alarm clocks
Bracelets
Busts of precious metal
Charms
Clocks
Earrings
Jewelry
Jewelry cases of precious metal
Jewelry boxes not of precious metal
Jewelry chains
Key fobs
Key chains [split rings with trinket or decorative fob]
Key rings [split rings with trinket or decorative fob]
Lapel pins
Neck chains
Necklaces
Necktie fasteners
Non-monetary coins
Ornamental lapel pins
Pendants
Rings (jewellery)
Stop watches
Tie clips
Tie fasteners
Tie tacks
Wall clocks
Watch bands
Watch cases
Watch chains
Watch straps
Watches
Wedding bands
Wristwatches..
The mark was filed in class 16 with following description of goods:
Address books
Almanacs
Appointment books
Art prints
Arts and craft paint kits
Autograph books
Baby books
Ball point pens
Baseball cards
Binders
Bookends
Bookmarks
Books
Bumper stickers
Calendars
Cartoon strips
Christmas cards
Chalk
Chalk boards
Children's activity books
Coasters made of paper
Coin albums
Coloring books
Color pencils
Comic books
Comic strips
Coupon books
Crayons
Decals
Decorative paper centerpieces
Diaries
Drawing rulers
Dry erase writing boards
Envelopes
Erasers
Magazines
Maps
Marker pens
Bookmarkers
Memo pads
Modeling clay
Newsletters
Newspapers
Note paper
Notebooks
Notebook paper
Paintings
Paper flags
Paper cake decorations
Paper party decorations
Paper napkins
Paper party bags
Paperweights
Paper gift wrap bows
Gift wrapping paper
Paper pennants
Paper place mats
Paper table cloths
Pen or pencil holders
Pencils
Pencil sharpeners
Pen cases
Pencil cases
Pen and pencil boxes
Pens
Periodicals
Photograph albums
Photographs
Pictorial prints
Picture books
Plastic materials for packaging
Portraits
Postcards
Posters
Printed awards
Printed certificates
Printed invitations
Printed menus
Printed publications
Recipe books
Rubber stamps
Sandwich bags
Score cards
Stamp albums
Stationery
Paper staplers
Stickers
Trading cards
Ungraduated rulers
Writing paper
Writing implements
Letter openers of precious metal
Temporary tattoo transfers..
The mark was filed in class 18 with following description of goods:
All-purpose sport bags
Athletic bags
Baby backpacks
Backpacks
Beach bags
Book bags
Calling card cases
Change purses
Coin purses
Diaper bags
Duffel bags
Fanny packs
Gym bags
Handbags
Knapsacks
Key cases
Luggage
Luggage tags
Overnight bags
Purses
Satchels
Reusable shopping bags
Tote bags
Umbrellas
Waist packs
Wallets..
The mark was filed in class 21 with following description of goods:
Bakeware
Beverageware
Beverage glassware
Bowls
Brooms
Busts of porcelain, ceramic, earthenware or glass
Busts of crystal
Busts of china
Busts of terra cotta
Cake pans
Cake molds
Candle holders
Candle snuffers
Candlesticks
Cooking pot sets
Coasters, not of paper or textile
Hair combs
Cookie jars
Cookie cutters
Cork screws
Cups
Confectioners' decorating bags [pastry bags]
Decorative glass not for building
Decorative plates
Dinnerware
Dishware
Dishes
Drinking straws
Figurines made of ceramic
Figurines made of china
Figurines made of crystal
Figurines made of earthenware
Figurines made of glass
Figurines made of porcelain
Flasks
Hair brushes
Heat insulated domestic vessels of earthenware
Heat insulated domestic vessels of glass
Heat insulated domestic vessels of porcelain
Household containers
Insulating sleeve holders for beverage cans
Non-electric kettles
Lunch boxes
Containers for beverages
Mugs
Napkin holders
Napkin rings not of precious metals
Trays for domestic purposes
Serving trays
Pie pans
Pie servers
Plates
Non-electric portable coolers
Serving utensils [pastry servers]
Serving utensils [pie servers]
Sports bottles sold empty
Soap dishes
Tea pots
Tea sets
Tissue box covers
Toothbrushes
Trivets
Vacuum bottles
Waste baskets
Barbecue mitts
Oven mitts
Pot holders
Thermal insulated containers for food or beverages
Thermal insulated bags for food or beverages
Works of art made of crystal..
The mark was filed in class 25 with following description of goods:
Aprons
Athletic shoes
Bandanas
Baseball caps
Beach cover-ups
Beachwear
Waist belts
Bikinis
Blazers
Boots
Bow ties
Bras
Caps
Chaps
Cloth bibs
Coats
Dresses
Ear muffs
Footwear
Gloves
Golf shirts
Halloween costumes
Hats
Head bands
Headwear
Hosiery
Infantwear
Jackets
Jeans
Jerseys
Kerchiefs
Leotards
Leg warmers
Mittens
Neckties
Night shirts
Night gowns
Overalls
Pajamas
Pants
Panty hose
Polo shirts
Ponchos
Rainwear
Robes
Sandals
Scarves
Shirts
Shoes
Skirts
Shorts
Slacks
Slippers
Sleepwear
Socks
Stockings
Sweaters
Sweat pants
Sweat shirts
Swimsuits
Tank tops
Tights
T-shirts
Underwear
Vests
Wrist bands..
The mark was filed in class 28 with following description of goods:
Action skill games
Action figures
Board games
Card games
Children's multiple activity toys
Badminton sets
Party balloons
Basketballs
Bath toys
Baseball bats
Baseballs
Beach balls
Bean bag dolls
Bobblehead dolls
Bowling balls
Bubble making wand and solution sets
Chess sets
Toy imitation cosmetics
Christmas stockings
Christmas tree decorations and ornaments
Collectable toy figures
Crib mobiles
Crib toys
Disc toss toys
Dolls
Doll clothing
Doll accessories
Doll playsets
Electric action toys
Equipment sold as a unit for playing card games
Fishing tackle
Fishing rods
Footballs
Golf balls
Golf gloves
Golf ball markers
Hand-held units for playing electronic games
Hockey pucks
Hockey sticks
Infant toys
Inflatable toys
Inflatable pool toys
Jigsaw puzzles
Jump ropes
Kites
Magic tricks
Marbles
Manipulative games
Mechanical toys
Music box toys
Musical toys
Parlor games
Party favors in the nature of small toys
Paper party favors
Paper party hats
Party games
Playing cards
Plush toys
Puppets
Puzzles
Roller skates
Rubber balls
Skateboards
Snow boards
Snow globes
Soccer balls
Spinning tops
Squeeze toys
Stuffed toys
Table tennis balls
Table tennis paddles
Rackets
Table tennis tables
Talking toys
Target games
Teddy bears
Tennis balls
Tennis rackets
Toy action figures
Toy boats
Sand toys
Toy building blocks
Toy mobiles
Toy vehicles
Toy scooters
Toy cars
Toy figures
Toy banks
Toy watches
Toy weapons
Toy building structures
Toy vehicle tracks
Video game machines for use with televisions
Volley balls
Wind-up toys
Toy trains
Toy aircraft
Protective films for video game device remote controls
Protective films adapted for screens for portable games
Game consoles
Balls for games
Battery operated action toys
Bendable toys
Construction toys
Gaming tables
Inflatable inner tubes for aquatic recreational use
Inflatable swimming pools
Piñatas
Radio controlled toy vehicles
Role playing games
Snow sleds for recreational use
Stacking toys
Surf boards
Swim fins
Toy furniture
Toy gliders
Toy masks
Toy model train sets
Trading card games
Water slides
Toys for pets..
The mark was filed in class 41 with following description of goods:
Film production
Audio production
Radio entertainment production
Television program production
Film production for educational purposes
Production of educational sound and video recordings
Production of audio recordings
Production of audio-visual recordings
Production of live entertainment features
Production of live entertainment events
Provision of entertainment information by electronic means
News reporting
Provision of online computer games
Electronic game services and competitions provided by means of the Internet
Providing entertainment information via a website
Providing online non-downloadable comic books and graphic novels
Amusement park and theme park services
Live stage shows
Production of amusement park shows
Presentation of live performances
Theatrical performances both animated and live action