The trademark NIKKEI was filed by EURONICS ITALIA S.p.A, a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on January 30, 2023, and received one opposition filed on May 1, 2023 by Nikkei Inc. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by HGF B.V. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 1, 2023
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 9 with following description of goods:
Optical apparatus and instruments
Downloadable mobile applications and software for smartwatches and mobile devices
Downloadable mobile applications for providing access to crypto-collectibles, crypto-art and application tokens
Earbuds
Smart bracelets
Computers
Headsets for virtual reality games
Downloadable software for the creation, production and modification of digital animated and non-animated designs and characters, avatars, digital overlays and skins for access and use in online environments, virtual online environments and virtual reality environments
Downloadable software for accessing and streaming multimedia entertainment content
Downloadable software for engaging in social networking and interacting with online communities
Downloadable software for providing access to an online virtual environment
Downloadable virtual goods, namely computer programs containing the following goods: Video game consoles, Smartphones, Satellite navigators, Smartphones, Printers, Calculating devices, Plugs, sockets and other contacts (electric connections), Sockets and adaptors, Cameras [photography], Optical apparatus, Apparatus for recording, transmission or reproduction of sound or images, Computers, Hi-fi systems, Televisions, Telecommunication apparatus, the aforesaid goods for use online and in online virtual worlds
Downloadable image files and Video recordings featuring the following goods: Electronic entertainment goods, the aforesaid goods authenticated by non-fungible tokens (NFT's)
Downloadable multimedia files featuring graphics, text, audio and video in relation to the following goods: Electronic entertainment goods, the aforesaid goods authenticated by non-fungible tokens (NFT's)
Microphones
3D eyeglasses
Cryptocurrency hardware wallets
Cryptocurrency software wallets
Computer programs featuring digital tokens for use in virtual worlds and online computer games
Computer programs for the creation and trade of digital collectibles via blockchain-based software technology and smart contracts
Smart watches
Software
Software for social networking, data reception and transmission, for purchasing, identifying and tracking products
3D animation software
E-commerce software
Virtual and augmented reality software
Computer game software, downloadable
Downloadable software, namely mobile application for streaming, downloading and viewing content featuring information, articles, commentary, podcasts and virtual experiences, in relation to the following fields: Electronic entertainment goods
Downloadable graphical user interface software
Retail software in relation to the following goods: Electronic entertainment goods
Downloadable software and mobile applications using artificial intelligence
Downloadable software for e-commerce, archiving, sending, receiving, accepting and transmitting collectible cryptocurrency, non-fungible tokens and other application tokens
Downloadable software for generating cryptographic keys for receiving and spending cryptocurrency
Downloadable software for blockchain-based inventory management
Downloadable software for managing and verifying cryptocurrency transactions on a blockchain
Security tokens [encryption devices]
Software for creating non-fungible tokens (NFTs), enabling the authentication, ownership, availability and trading of digital resources and creations
Three dimensional viewers
Downloadable cryptographic keys for receiving and spending cryptocurrency.
The mark was filed in class 35 with following description of goods:
Providing of online marketplaces for purchase and sale in relation to the following goods: Games consoles, Smart phone apparatus, Satellite navigators, Smart phone apparatus, printers, calculators, Plugs, Sockets and adaptors, Cameras, Optical devices, Apparatus for recording, transmission or reproductions of sound or images, Computers, Hi-fi systems, Televisions, telecommunication apparatus, Domestic electrical appliances, Illuminating apparatus, Apparatus for heating purposes, Steam generating apparatus, Cooking apparatus, refrigerating apparatus, Apparatus for ventilating and drying, Ventilation, Sanitary installations, The aforesaid goods being virtual and authenticated by blockchain-based non-fungible tokens [NFTs]
Providing of online retailing spaces for purchasers and sellers of downloadable digital images and films authenticated via non-fungible tokens (NFT)
Operating on-line marketplace, in relation to the following fields: Consumer electronics
Demonstration of goods and visualization of products
Shop retail services and/or Online retail stores in relation to the following goods: Virtual goods, Namely video game consoles, Smart phone apparatus, Satellite navigators, Smart phone apparatus, printers, calculators, Plugs, Sockets and adaptors, Cameras, Optical devices, Apparatus for recording, transmission or reproductions of sound or images, Computers, Hi-fi systems, Televisions, telecommunication apparatus, Domestic electrical appliances, Illuminating apparatus, Apparatus for heating purposes, Steam generating apparatus, Cooking apparatus, refrigerating apparatus, Apparatus for ventilating and drying, Ventilation, Sanitary installations, all the aforesaid goods for use online
Retail services in relation to: Virtual goods, Namely video game consoles, Smart phone apparatus, Satellite navigators, Smart phone apparatus, printers, calculators, Plugs, Sockets and adaptors, Cameras, Optical devices, Apparatus for recording, transmission or reproductions of sound or images, Computers, Hi-fi systems, Televisions, telecommunication apparatus, Domestic electrical appliances, Illuminating apparatus, Apparatus for heating purposes, Steam generating apparatus, Cooking apparatus, refrigerating apparatus, Apparatus for ventilating and drying, Ventilation, Sanitary installations, all the aforesaid goods are for use online
Online retailing of virtual works of art comprising photographs, designs, graphics, paintings and sculptures for use in online virtual environments.
The mark was filed in class 36 with following description of goods:
Facilitation of crypto-currency transactions, namely, virtual currency exchange transaction services for transferrable electronic cash equivalent units having a specified cash value
Issuance of non-fungible tokens of value used with blockchain technology
Financial exchange, namely, digital token exchange services
Cryptocurrency trading services
Cryptocurrency brokerage
Transfer of cryptocurrencies and Transfer of digital tokens
Finance services, Namely providing of virtual currency for use by members of an online community via a global computer network
Financial services, namely, providing liquidity services in connection with digital currencies and assets, cryptocurrencies, virtual currency and blockchain-based assets
Financial services, namely, providing electronic transfer of a digital currency for use by members of an on-line community via a global computer network
Electronic transfer of virtual currencies
Electronic transfer of crypto assets
Metaverse investment funds.
The mark was filed in class 38 with following description of goods:
Providing online chatrooms for the transmission of messages, comments and multimedia content among users
Providing on-line chatrooms and electronic bulletin boards for transmission of messages amongst users
Providing on-line forums for transmission of messages among computer users
Providing on-line chat rooms and electronic bulletin boards for transmission of messages among users in the field of cryptocurrency and digital currency assets
Telecommunication services.
The mark was filed in class 41 with following description of goods:
Entertainment services
Entertainment services, namely, providing online computer games
Entertainment services, namely, Online provision of the following goods: Videogame consoles, Smartphones, Satellite navigation systems, Smartphones, Imprinting, Calculators, Plugs, Outlet sockets and adaptors, photo camera, Optical equipment, apparatus for recording, transmitting and reproducing sounds and/or images, Computers, Hi-Fi systems, Television, telecom apparatus, Household electrical appliances, Lighting apparatus, Warming apparatus, Apparatus for steam generating, Apparatus for cooking, Refrigerating apparatus, Apparatus for drying, Ventilation apparatus, Sanitary facilities, The aforesaid goods, not downloadable, All the aforesaid goods being for use in virtual environments
Entertainment services, Namely arranging and hosting of virtual shows and social entertainment events
Entertainment services, Namely providing of an online environment relating to the streaming of entertainment content and live streaming of entertainment events
Entertainment services, Namely the providing of online non-downloadable virtual consumer electronics, digital animated and non-animated designs and characters, avatars, digital overlays and skins for use in virtual environments
Making available the following goods: Online non-downloadable virtual goods, namely video game consoles, Smartphones, Satellite navigation systems, Smartphones, Imprinting, Calculators, Plugs, Outlet sockets and adaptors, photo camera, Optical equipment, apparatus for recording, transmitting and reproducing sounds and/or images, Computers, Hi-Fi systems, Television, telecom apparatus, Household electrical appliances, Lighting apparatus, Warming apparatus, Apparatus for steam generating, Apparatus for cooking, Refrigerating apparatus, Apparatus for drying, Ventilation apparatus, Sanitary facilities, The aforesaid goods, not downloadable
Production of educational and entertainment content, for use in the following fields: virtual reality, Augmented Reality and Mixed reality
Virtual reality and interactive games provided online via glocal computer network and via various wireless networks and electronic devices
Providing of an interactive website for virtual reality game services.
The mark was filed in class 42 with following description of goods:
Design and Development in relation to the followig goods: Online non-downloadable virtual goods
Providing of online non-downloadable computer programs for the creation and trade of digital collectibles
Providing non-downloadable computer programs for blockchain data storage and Providing non-downloadable computer programs for data authentication via blockchain
Providing of user authentication services using blockchain-based software technology for cryptocurrency transactions
Providing of online non-downloadable software for access to cryptocurrency, non-fungible tokens and other application tokens
Providing of online non-downloadable software for purchase and sale of downloadable virtual collectibles
Providing non-downloadable software for facilitating blockchain-based financial transactions
Providing of non-downloadable software for managing digital collectables
Providing of non-downloadable computer software for the purchase and sale of rights on digital visual images
Providing of non-downloadable computer software online for use as a cryptocurrency wallet
Providing of an interactive website featuring technology enabling users to upload, download, share and sell customised and branded digital publications
Providing temporary use of on-line non-downloadable software
Non-downloadable software for the creation, production and modification of animated and non-animated designs and characters, avatars, digital overlays and skins for access and use in online environments, virtual online environments and virtual augmented reality environments
Providing of an interactive website enabling users to view, purchase, sell, exchange and delete digital assets
Platform as a service (PaaS) featuring software platforms for creating, promoting, selling and exchanging non-fungible tokens (NFTs)
Platform as a service (paas) featuring computer software platforms for exchanging and creating cryptocurrency, collectible cryptocurrency, non-fungible tokens for digital art
Image processing software design
Design of non-fungible tokens (NFTs), Development of non fungible tokens (NFTs)
Design and production of artwork, 3D models and computer-generated images for use in virtual, augmented and mixed reality environments
Visual design
User authentication using technology for e-commerce transactions
Authentification services, in relation to the following fields: Digitised assets and Non-fungible tokens
3D design, in relation to the following fields: Consumer electronics
IT services, Namely providing and management of a website relating to technology enabling users to purchase and exchange digital art and images in the nature of non-fungible tokens (NFTs) and to create and provide designs, animations and digital art illustrations for others in the nature of non-fungible tokens (NFTs)
Software as a service (SaaS) and platform as a service (PaaS) featuring software for use in providing a digital platform for browsing digital art, crypto-collectibles, non-fungible tokens and other application tokens, and non-fungible token marketplaces and auctions
Non-downloadable software for generating public and private cryptocurrency keys and cryptocurrency paper wallets
Development, programming and implementation of software
Providing of application software for virtual reality game services
Blockchain as a Service [BaaS]
Providing of online non-downloadable software for providing access to virtual collectibles, non-fungible tokens and other application tokens
Providing a platform enabling users to interact for recreational, leisure or entertainment purposes
Providing a website in the field of technology that enables users to mine, earn, purchase, receive by any other means, store, and transfer blockchain-based tokens, coins, cryptocurrencies, and other crypto assets.