The trademark NOW YOU SEE ME was filed by Summit Entertainment, LLC, a Limited Liability Company (the "Applicant"). The application was published for oppositions on September 27, 2022, and received one opposition filed on December 21, 2022 by Sky UK Limited on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Dentons Ireland and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 21, 2022
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Motion picture films
Motion pictures downloadable via the internet and mobile devices
Audiovisual recordings featuring motion pictures
Digital media, namely, downloadable audiovisual files featuring television programs
Downloadable images files containing images in the field of motion pictures and music
Multimedia files containing motion picture stills and artwork downloadable via the internet and mobile devices
Downloadable motion pictures provided via a global computer network or video-on-demand service
Electronic downloadable publications
Cell phone cases
Cell phone straps
Hands free kits for phones
Mousepads
Laptop sleeves
Eyewear
Eyewear cases
Headphones
Decorative magnets
Downloadable software
Downloadable audio files featuring ringtones and downloadable audio and video files featuring graphics for display on mobile phones screens
Musical sound recordings
Electronic games downloadable via the internet
Downloadable electronic game programs
Downloadable computer game programs
Downloadable interactive game programs
Downloadable electronic game software for use on mobile phones and handheld computers
Video game discs
Downloadable video game software.
The mark was filed in class 41 with following description of goods:
Entertainment
Entertainment information
Provision of on-line motion pictures
Production and distribution of motion pictures
Providing information relating to motion pictures
Providing online non-downloadable game software
Providing on-line computer games
Providing online augmented reality games
Entertainment services, namely, providing temporary use of non-downloadable electronic and computer games
Production of video and computer game software
Providing podcasts relating to motion pictures
Organization of fan clubs
Non-downloadable electronic publications
Entertainment services in the nature of amusement park and theme park services
Entertainment services, namely, providing recreation facilities with an amusement park theme
Entertainment services, namely, arranging and conducting recreational activities at an amusement park
Conducting entertainment exhibitions in the nature of contests, cinemas and entertainer services
Organization of exhibitions for entertainment purposes
Entertainment services in the nature of escape room attractions
Entertainment services in the nature of maze attractions
Entertainment services in the nature of live performances
Live stage events, namely, presentation of plays, presentation of dramatic performances
Entertainment in the nature of dramatic performances
Entertainment, namely, live music concerts and live orchestra performances
Presentation of live plays
Presentation of live theatrical performances
Provision of information relating to live performances, live stage events, theatrical performances, live music concerts, live orchestra performances and audience participation in such events
Entertainment services in the nature of live to film dramatic performances
Exhibition of motion picture films in cinema theatres, drive-in cinemas and open-air cinemas.