The trademark VOLCAN was filed by Agrotequilera de Jalisco, a corporation established under the laws of the United Mexican States (the "Applicant"). The application was published for oppositions on June 26, 2023, and received one opposition filed on September 21, 2023 by Vulkan Brauerei GmbH & Co. KG on (a) Art. 8(4), (b) Likelihood of confusion. the opponent was represented by Patent- und Rechtsanwälte Behrmann Wagner Partnerschaftsgesellschaft mbB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 21, 2023
The application was filed in French, and French 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 digital files authenticated by non-fungible tokens [NFTs]
Downloadable digital graphics
Downloadable digital collectibles for collection namely Works of art, images, books, Antiques, Games and maps
Downloadable clothing and Downloadable fashion accessories
Downloadable, interactive characters, avatars and skins
Downloadable virtual goods, namely Software in relation to the following goods: Art pictures, Digital collectibles for collection namely Works of art, images, books, Antiques, Games and maps, digital tokens and Downloadable digital files authenticated by non-fungible tokens [NFTs], Tequila, Alcohol-free drinks, cocktails, bottles, Drinking glasses, Bar fittings, The aforesaid goods being for bottles, for use online and in online virtual environments
Downloadable virtual goods, namely Software in relation to the following goods: Art pictures, Digital collectibles for collection namely Cocktail stirrers, Stoppers of glass, Pouring spouts, The aforesaid goods being for bottles, for use online and in online virtual environments
Downloadable virtual goods, namely Software in relation to the following goods: Art pictures, Digital collectibles for collection namely Manual mixers namely Cocktail shakers, Ice moulds, ice buckets, Bottle-openers, Straw, Bottle baskets, clothing, headgear, Shoes, Eyewear, Perfumes, Fragrances, toiletry products, Cosmetics, Make-up coats, The aforesaid goods being for bottles, for use online and in online virtual environments
Downloadable virtual goods, namely Software in relation to the following goods: Art pictures, Digital collectibles for collection namely Skin care preparations, Hair care preparations and Tints for the hair, All the aforesaid goods for use online and in online virtual environments
Downloadable virtual goods, namely Software in relation to the following goods: Art pictures, Digital collectibles for collection namely Furniture, Paper products, music, Woven goods and substitutes for textiles, Jewellery findings, Bags, Household or kitchen utensils and containers, cooking and baking utensils and Services and tableware, Glassware, Porcelain and earthenware, All the aforesaid goods for use online and in online virtual environments
Downloadable virtual goods, namely Software in relation to the following goods: Art pictures, Digital collectibles for collection namely Toys, Leather articles and Sports equipment, All the aforesaid goods for use online and in online virtual environments
Downloadable video games and video game software
Downloadable digital materials, namely audio visual content, Videos, Movies, Multimedia files and animation, All the aforesaid goods provided via global computer networks and Via wireless networks.
The mark was filed in class 33 with 'Tequila' (GI) agave-based spirit including a barcode on the label enabling access to digital works of art authenticated by non-fungible tokens [NFTs].
The mark was filed in class 35 with following description of goods:
Retail services in relation to: Downloadable digital files authenticated by non-fungible tokens [NFTs]
Physical or online retail stores featuring the following goods: downloadable virtual goods, That is Art pictures, Digital collectibles for collection That is Works of art, images, Books, newsletters, magazines, pamphlets, and brochures, greeting cards, Antiques, Games and Cards, 'Tequila' (GI) agave-based spirit including a barcode on the label enabling access to digital works of art authenticated by non-fungible tokens [NFTs], de-alcoholised drinks, Cocktails, Bottles, Drinking glasses, Bar fittings, All the aforesaid goods for use online and in online virtual environments
Physical or online retail stores featuring the following goods: downloadable virtual goods, That is Art pictures, Digital collectibles for collection That is Cocktail stirrers, Glass stoppers, Pouring spouts for bottles, Manual mixers That is cocktail shakers, moulds for making ice, Ice buckets, Botlle openers, Straws, Bottle baskets, All the aforesaid goods for use online and in online virtual environments
Physical or online retail stores featuring the following goods: downloadable virtual goods, That is Art pictures, Digital collectibles for collection That is Articles of clothing, headpieces, Footwear, Optical goods, Perfumes, fragrances, Toiletries, Makeup, Skin care preparations, Hair care preparations and Tints for the hair, All the aforesaid goods for use online and in online virtual environments
Physical or online retail stores featuring the following goods: downloadable virtual goods, That is Art pictures, Digital collectibles for collection That is Furniture, paper supplies, music, Textiles and substitutes for textiles, jewelry findings, Bags, All the aforesaid goods for use online and in online virtual environments
Physical or online retail stores featuring the following goods: downloadable virtual goods, That is Art pictures, Digital collectibles for collection That is Household or kitchen utensils and containers, Cookware and tableware, Glassware, porcelain and earthenware, Toys, leather goods That is Sports clothing, bags and equipment, All the aforesaid goods for use online and in online virtual environments
Physical or online retail stores featuring the following goods: downloadable virtual goods, That is Art pictures, Digital collectibles for collection That is Works of art, images, Books, newsletters, magazines, pamphlets, and brochures, greeting cards, Antiques, Games and Cards, 'Tequila' (GI) agave-based spirit, de-alcoholised drinks, Cocktails, All the aforesaid goods for use online and in online virtual environments and All the aforesaid services including delivery of the corresponding real goods in the physical world
Physical or online retail stores featuring the following goods: downloadable virtual goods, That is Art pictures, Digital collectibles for collection That is Bottles, Drinking glasses, Bar fittings, Cocktail stirrers, Glass stoppers, Pouring spouts for bottles, All the aforesaid goods for use online and in online virtual environments, and All the aforesaid services including delivery of the corresponding real goods in the physical world
Physical or online retail stores featuring the following goods: downloadable virtual goods, That is Art pictures, Digital collectibles for collection That is Manual mixers That is cocktail shakers, moulds for making ice, Ice buckets, Botlle openers, Straws, Bottle baskets, Clothing, headgear, shoes, All the aforesaid goods for use online and in online virtual environments, and All the aforesaid services including delivery of the corresponding real goods in the physical world
Physical or online retail stores featuring the following goods: downloadable virtual goods, That is Art pictures, Digital collectibles for collection That is Optical goods, Perfumes, fragrances, Toiletries, Makeup, All the aforesaid goods for use online and in online virtual environments, and All the aforesaid services including delivery of the corresponding real goods in the physical world
Physical or online retail stores featuring the following goods: downloadable virtual goods, That is Art pictures, Digital collectibles for collection That is Skin care preparations, Hair care preparations and Tints for the hair, All the aforesaid goods for use online and in online virtual environments, and All the aforesaid services including delivery of the corresponding real goods in the physical world
Physical or online retail stores featuring the following goods: downloadable virtual goods, That is Art pictures, Digital collectibles for collection In particular furniture, paper supplies That is Works of art, images, Books, newsletters, magazines, pamphlets, and brochures, greeting cards, Cards and games, music, Textiles and substitutes for textiles, All the aforesaid goods for use online and in online virtual environments, and All the aforesaid services including delivery of the corresponding real goods in the physical world
Physical or online retail stores featuring the following goods: downloadable virtual goods, That is Art pictures, Digital collectibles for collection That is jewelry findings, Bags, Household or kitchen utensils and containers, Cookware and tableware, All the aforesaid goods for use online and in online virtual environments, and All the aforesaid services including delivery of the corresponding real goods in the physical world
Physical or online retail stores featuring the following goods: downloadable virtual goods, That is Art pictures, Digital collectibles for collection That is Glassware, China and crockery, Toys, leather goods That is Sports clothing, bags and equipment, All the aforesaid goods for use online and in online virtual environments, and All the aforesaid services including delivery of the corresponding real goods in the physical world
Physical or online retail stores featuring the following goods: downloadable virtual goods, That is Art pictures, Digital collectibles for collection That is Works of art, images, Books, newsletters, magazines, pamphlets, and brochures, greeting cards, Antiques, Cards and games, All the aforesaid goods for use online and in online virtual environments and All the aforesaid services offering customers the possibility to exchange virtual goods for the corresponding real goods in the physical world
Physical or online retail stores featuring the following goods: downloadable virtual goods, That is Art pictures, Digital collectibles for collection That is 'Tequila' (GI) agave-based spirit, de-alcoholised drinks, Cocktails, Bottles, Drinking glasses, Bar fittings, All the aforesaid goods for use online and in online virtual environments and All the aforesaid services offering customers the possibility to exchange virtual goods for the corresponding real goods in the physical world
Physical or online retail stores featuring the following goods: downloadable virtual goods, That is Art pictures, Digital collectibles for collection That is Cocktail stirrers, Glass stoppers, Pouring spouts for bottles, All the aforesaid goods for use online and in online virtual environments and All the aforesaid services offering customers the possibility to exchange virtual goods for the corresponding real goods in the physical world
Physical or online retail stores featuring the following goods: downloadable virtual goods, That is Art pictures, Digital collectibles for collection That is Manual mixers That is cocktail shakers, moulds for making ice, Ice buckets, Botlle openers, Straws, All the aforesaid goods for use online and in online virtual environments and All the aforesaid services offering customers the possibility to exchange virtual goods for the corresponding real goods in the physical world
Physical or online retail stores featuring the following goods: downloadable virtual goods, That is Art pictures, Digital collectibles for collection That is Bottle baskets, Clothing, headgear, shoes, Optical goods, All the aforesaid goods for use online and in online virtual environments and All the aforesaid services offering customers the possibility to exchange virtual goods for the corresponding real goods in the physical world
Physical or online retail stores featuring the following goods: downloadable virtual goods, That is Art pictures, Digital collectibles for collection That is Perfumes, fragrances, Toiletries, Makeup, Skin care preparations, All the aforesaid goods for use online and in online virtual environments and All the aforesaid services offering customers the possibility to exchange virtual goods for the corresponding real goods in the physical world
Physical or online retail stores featuring the following goods: downloadable virtual goods, That is Art pictures, Digital collectibles for collection That is, Hair care preparations and Tints for the hair, All the aforesaid goods for use online and in online virtual environments and All the aforesaid services offering customers the possibility to exchange virtual goods for the corresponding real goods in the physical world
Physical or online retail stores featuring the following goods: downloadable virtual goods, That is Art pictures, Digital collectibles for collection That is Furniture, paper supplies That is Works of art, images, Books, newsletters, magazines, pamphlets, and brochures, greeting cards, Cards and games, music, Textiles and substitutes for textiles, All the aforesaid goods for use online and in online virtual environments and All the aforesaid services offering customers the possibility to exchange virtual goods for the corresponding real goods in the physical world
Physical or online retail stores featuring the following goods: downloadable virtual goods, That is Art pictures, Digital collectibles for collection That is jewelry findings, Bags, Household or kitchen utensils and containers, All the aforesaid goods for use online and in online virtual environments and All the aforesaid services offering customers the possibility to exchange virtual goods for the corresponding real goods in the physical world
Physical or online retail stores featuring the following goods: downloadable virtual goods, That is Art pictures, Digital collectibles for collection That is Cookware and tableware, All the aforesaid goods for use online and in online virtual environments and All the aforesaid services offering customers the possibility to exchange virtual goods for the corresponding real goods in the physical world
Physical or online retail stores featuring the following goods: downloadable virtual goods, That is Art pictures, Digital collectibles for collection That is Glassware, China and crockery, Toys, leather goods That is Sports clothing, bags and equipment, All the aforesaid goods for use online and in online virtual environments and All the aforesaid services offering customers the possibility to exchange virtual goods for the corresponding real goods in the physical world
Arranging and conducting of incentive reward schemes to promote the sale of the following goods: Art pictures, Digital collectibles for collection That is Works of art, images, Books, newsletters, magazines, pamphlets, and brochures, greeting cards, Antiques, Cards and games, and Downloadable digital files authenticated by digital tokens and non-fungible tokens [NFTs]
Arranging and conducting of incentive reward schemes to promote the sale of the following goods: Products, That is Art pictures, Digital collectibles for collection That is 'Tequila' (GI) agave-based spirit, Cocktails, Bottles, Drinking glasses, Bar fittings, Cocktail stirrers, Glass stoppers, Pouring spouts for bottles
Arranging and conducting of incentive reward schemes to promote the sale of the following goods: Art pictures, Digital collectibles for collection That is Manual mixers That is cocktail shakers, moulds for making ice, Ice buckets, Botlle openers, Straws, Bottle baskets
Arranging and conducting of incentive reward schemes to promote the sale of the following goods: Art pictures, Digital collectibles for collection That is Articles of clothing, headpieces, Footwear, Optical goods
Arranging and conducting of incentive reward schemes to promote the sale of the following goods: Art pictures, Digital collectibles for collection That is Perfumes, fragrances, Toiletries, Cosmetics, Makeup, Skin care preparations
Arranging and conducting of incentive reward schemes to promote the sale of the following goods: Art pictures, Digital collectibles for collection That is Hair care preparations and Tints for the hair
Arranging and conducting of incentive reward schemes to promote the sale of the following goods: Art pictures, Digital collectibles for collection That is Furniture, Products of paper That is Works of art, images, Books, newsletters, magazines, pamphlets, and brochures, greeting cards, Cards and games, music, Textiles and substitutes for textiles, jewelry findings, Bags, Household or kitchen utensils and containers, Cookware and tableware, Glassware, porcelain and earthenware, Toys, articles of leather That is Sports clothing, bags and equipment
Providing of online marketplaces for buyers and sellers, in relation to the following fields: Products and/or Services
Providing of commercial or business information for matching sellers with buyers, through web sites
Promotion and Advertising, in relation to the following goods: Virtual goods, That is Art pictures, digital collectibles That is Works of art, images, Books, newsletters, magazines, pamphlets, and brochures, greeting cards, Antiques, Cards and games, and Downloadable digital files authenticated by digital tokens and non-fungible tokens [NFTs]
Promotion and Advertising, in relation to the following goods: Virtual goods, That is Art pictures, digital collectibles That is 'Tequila' (GI) agave-based spirit, Cocktails, Bottles, Drinking glasses, Bar fittings, Cocktail stirrers, Glass stoppers, Pouring spouts for bottles, Manual mixers That is cocktail shakers, moulds for making ice, Ice buckets, Botlle openers, Straws, Bottle baskets
Promotion and Advertising in relation to the following goods: Virtual goods, That is Art pictures, digital collectibles That is Articles of clothing, headpieces, Footwear, Optical goods, Perfumes, fragrances, Toiletries, Cosmetics, Makeup, Skin care preparations
Promotion and Advertising in relation to the following goods: Virtual goods, That is Art pictures, digital collectibles That is Hair care preparations and Tints for the hair
Promotion and Advertising in relation to the following goods: Virtual goods, That is Art pictures, digital collectibles That is Furniture, Products of paper That is Works of art, images, Books, newsletters, magazines, pamphlets, and brochures, greeting cards, Cards and games, music, Textiles and substitutes for textiles, jewelry findings, Bags, Household or kitchen utensils and containers, Cookware and tableware, Glassware, porcelain and earthenware, Toys, articles of leather That is Sports clothing, bags and equipment
(online) auction services in relation to the following goods: Virtual goods, That is Art pictures, digital collectibles That is Works of art, images, Books, newsletters, magazines, pamphlets, and brochures, greeting cards, Antiques, Cards and games, and Downloadable digital files authenticated by digital tokens and non-fungible tokens [NFTs]
(online) auction services in relation to the following goods: Virtual goods, That is Art pictures, digital collectibles That is 'Tequila' (GI) agave-based spirit, Cocktails, Bottles, Drinking glasses, Bar fittings, Cocktail stirrers, Glass stoppers, Pouring spouts for bottles, Manual mixers That is cocktail shakers
(online) auction services in relation to the following goods: Virtual goods, That is Art pictures, digital collectibles That is moulds for making ice, Ice buckets, Botlle openers, Straws, Bottle baskets
(online) auction services in relation to the following goods: Virtual goods, That is Art pictures, digital collectibles That is Articles of clothing, headpieces, Footwear, Optical goods, Perfumes, fragrances, Toiletries, Cosmetics, Makeup
Online auctioneering of the following goods: Virtual goods, That is Art pictures, digital collectibles That is Skin care preparations, Hair care preparations and Tints for the hair, Furniture, Products of paper That is Works of art, images, Books, newsletters, magazines, pamphlets, and brochures, greeting cards, Cards and games, music, Textiles and substitutes for textiles
(online) auction services in relation to the following goods: Virtual goods, That is Art pictures, digital collectibles That is jewelry findings, Bags, Household or kitchen utensils and containers, Cookware and tableware, Glassware, porcelain and earthenware, Toys, leather goods and And equipment
Providing of online marketplaces for buyers and sellers in relation to the following goods: downloadable virtual goods, That is Art pictures, Digital collectibles for collection That is Works of art, images, Books, newsletters, magazines, pamphlets, and brochures, greeting cards, Antiques, Cards and games, and Downloadable digital files authenticated by digital tokens and non-fungible tokens [NFTs]
Providing of online marketplaces for buyers and sellers, in relation to the following goods: downloadable virtual goods, That is Art pictures, digital collectibles That is 'Tequila' (GI) agave-based spirit, Cocktails, Bottles, Drinking glasses, Bar fittings, Cocktail stirrers, Glass stoppers, Pouring spouts for bottles
Providing of online marketplaces for buyers and sellers, in relation to the following goods: downloadable virtual goods, That is Art pictures, digital collectibles That is Manual mixers That is cocktail shakers, moulds for making ice, Ice buckets, Botlle openers
Providing of online marketplaces for buyers and sellers, in relation to the following goods: downloadable virtual goods, That is Art pictures, digital collectibles That is Straws, Bottle baskets, Clothing, headgear, shoes, Optical goods
Providing of online marketplaces for buyers and sellers in relation to the following goods: downloadable virtual goods, That is Art pictures, digital collectibles That is Perfumes, fragrances, Toiletries, Cosmetics, Makeup
Providing of online marketplaces for buyers and sellers in relation to the following goods: downloadable virtual goods, That is Art pictures, digital collectibles That is Skin care preparations, Hair care preparations and Tints for the hair
Providing of online marketplaces for buyers and sellers in relation to the following goods: downloadable virtual goods, That is Art pictures, digital collectibles That is Furniture, paper supplies, music, Textiles and substitutes for textiles, jewelry findings, Bags, Household or kitchen utensils and containers, Cookware and tableware, Glassware, porcelain and earthenware, Toys, leather goods That is Sports clothing, bags and equipment.
The mark was filed in class 39 with Home delivery services of food and drink via virtual restaurants and bars.
The mark was filed in class 41 with following description of goods:
Providing of information online In connection with the following goods: Art pictures, Digital collectibles, for collection namely Artwork, images, books, antiques, Games and maps and Downloadable digital files authenticated by digital tokens and non-fungible tokens [NFTs]
Online providing In connection with the following goods: Non-downloadable digital collectibles, namely Art pictures, digital collectibles namely 'Tequila' (GI) agave-based spirit, Cocktails, Bottles, drinking glasses, Barware, Cocktail stirrers, Glass stoppers, Bottle pourers, cocktail shakers namely Drink shakers
Online providing, In connection with the following goods: Non-downloadable digital collectibles, namely Art pictures, digital collectibles namely Moulds for making ice, ice buckets, Bottle openers, drinking straws, Bottle baskets
Online providing In connection with the following goods: Non-downloadable digital collectibles, namely Art pictures, digital collectibles namely wearing, headgear and headwear, Foot wear, Optical goods
Online providing In connection with the following goods: Non-downloadable digital collectibles, namely Art pictures, digital collectibles namely Perfumes, Fragrances, Toiletry preparations, Cosmetic goods, Make-up coats, Skin care preparations, Hair care preparations and Hair coloring preparations
Online providing In connection with the following goods: Non-downloadable digital collectibles, namely Art pictures, digital collectibles namely Furniture, Goods in paper namely Artwork, images, books, Games and maps, Music, Textiles and substitutes for textiles, Items of jewellery, Bags and packs, Household or kitchen utensils and containers, Baking utensils and Articles of tableware, Glass wear, Porcelain and earthenware, Playthings, Articles made from leather namely Sports clothing, bags and equipment
Providing of information online In connection with the following goods: digital collectibles and Downloadable digital files namely Art images authenticated by digital tokens and non-fungible tokens [NFTs], 'Tequila' (GI) virtual agave-based spirit
Providing of information online In connection with the following goods: Cocktails, Bottles, drinking glasses, Barware, Cocktail stirrers, Glass stoppers, Pouring spouts for bottles
Providing of information online In connection with the following goods: Cocktail shakers, ice moulds, ice buckets, Bottle openers, drinking straws, Bottle baskets
Providing of information online In connection with the following goods: wearing, headgear and headwear, Foot wear, Optical goods
Providing of information online In connection with the following goods: Perfumes, Fragrances, Toiletry preparations, Cosmetic goods, Make-up coats, Skin care preparations, Hair care preparations and Hair coloring preparations
Providing of information online In connection with the following goods: Furniture, Goods in paper namely Artwork, images, books, Games and maps, Music, Textiles and substitutes for textiles
Providing of information online In connection with the following goods: Items of jewellery, Bags and packs, Household or kitchen utensils and containers, Baking utensils and Articles of tableware
Providing of information online In connection with the following goods: Glass wear, Porcelain and earthenware, Playthings, Articles made from leather namely Sports clothing, bags and equipment, All the aforesaid goods for use online and in online virtual environments
Games offered on-line (on a computer network)
Entertainment services, namely Making available the following goods: online electronic games, non-downloadable computer games and non-downloadable video games, Computer interface themes, enhancements, audio visual content namely Music, film, Videos and Other media content via a website
Entertainment services, namely: Making available the following goods: Interactive games enabling users to interact for recreational, leisure or entertainment purposes in virtual environments
Entertainment services, namely: Arranging, preparation, and hosting of virtual shows and social entertainment events
Booking of seats, in relation to the following fields: virtual events and Physical events, booking of seats for shows authenticated by digital tokens and non-fungible tokens [NFTs]
Entertainment services, namely Ticketing for physical and virtual events, all incorporating barcodes or equivalent devices enabling access to a non-fungible token [NFT].
The mark was filed in class 42 with following description of goods:
Non-fungible token [NFT] collection services registered on the blockchain
Creation ON-LINE, In connection with the following goods: Non-downloadable virtual goods, namely DIGITAL ARTWORKS, photos, videos or Audio recordings
Creation ON-LINE, In connection with the following goods: DIGITAL ARTWORKS and digital images
Creation, In connection with the following goods: Non-fungible tokens (NFTs) or Other blockchain-based digital tokens
Research and development of new downloadable digital files authenticated by non-fungible tokens [NFTs].
The mark was filed in class 43 with following description of goods:
Restaurant services
Bar services
Temporary accommodation.
The mark was filed in class 45 with Online social networking services.