The trademark ANICUBE was filed by Anicube Entertainment Limited, a corporation established under the laws of the British Virgin Islands (the "Applicant"). The application was published for oppositions on December 7, 2022, and received one opposition filed on March 7, 2023 by GROUPE CANAL+ on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by SANTARELLI (Société IPSIDE) and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 7, 2023
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Downloadable digital artwork and images
Digital collectibles software using blockchain-based software technology and smart contracts
Downloadable digital media, namely, digital collectibles, namely, text, images, art, artwork, created with blockchain-based software technology
Digital materials, namely, text, images, art, artwork, authenticated by non-fungible tokens (NFTs)
Software for non-fungible token (NFT) ticketing
Digital trading cards
Downloadable music, audio, video, and multimedia files authenticated by non-fungible tokens (NFTs)
Computer application software for blockchain-based platforms, namely, software for distributed applications
Software for creating a decentralized and open source cryptocurrency for use in blockchain-based transactions
Downloadable cryptographic keys for receiving and spending cryptocurrency
Downloadable computer software for managing digital collectible services, a market for transactions, and a registry using blockchain-based software technology and smart contracts for digital collectibles
Computer software for managing and validating cryptocurrency and nonfungible tokens (NFTs) transactions using blockchain-based smart contracts
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
Software for the management of cryptographic security of electronic transmissions across computer networks
Software for managing and validating digital currency, virtual currency, cryptocurrency, digital asset, blockchain asset, digitized asset, digital token, crypto token and utility token transactions
Cryptocurrency wallets
Downloadable computer software for use as an electronic wallet
Downloadable e-wallets
Software and hardware for use as a virtual currency wallet
Software for use in the management and implementation of digital currency, virtual currency, cryptocurrency, digital and blockchain asset, digitized asset, digital token, crypto token and utility token transactions
Digital currency transaction software for transactions involving cryptocurrency
Computer software to facilitate secure transactions via computer and communication networks, in the fields of banking, bitcoin or digital currency transactions
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
Cryptocurrency exchange software
Computer software relating to the handling of financial transactions for transacting cryptocurrency
Software for providing authentication of parties to a financial transaction
Computer software and hardware for use in providing financial and advisory services in connection with the exchanging, trading, updating, clearing, settlement, custody, investment and processing of digital currencies, commodities, cryptocurrencies or bitcoins
Computer bags
Spectacles and sunglasses
Accessories of eyewear, spectacles and sunglasses
Carrying cases adapted for glasses
All the aforesaid goods being exclusively in connection with or intended for the issuance of digital collectibles and non-fungible tokens in the field of music
None of the aforesaid goods being or relating to set-top boxes or decoders, or being digital media players or streaming devices, or intended for the broadcasting or streaming of audio, visual, audiovisual and multimedia content or material via set-top boxes or decoders, digital media players and streaming devices, or intended for the downloading or storage of films, series and other audiovisual programs via set-top boxes or decoders, digital media players and streaming devices.
The mark was filed in class 41 with following description of goods:
Entertainment services, namely, providing online, non-downloadable digital collectibles, namely, art, photographs, images for use in digital environments for entertainment purposes
Fan club services [entertainment]
Arrangement of cultural events
Arranging of events for cultural purposes
Organizing, producing, arranging and curating educational and cultural events
Ticket reservation for artistic events
Art exhibition services
Cultural or educational services provided by art galleries
Organisation of displays, presentations and exhibitions for cultural, sporting and educational purposes
Presentation of works of visual art or literature to the public for cultural or educational purposes
Booking services for sports, cultural and educational events
Art curator services
All the aforesaid services being exclusively in connection with or intended for the issuance of digital collectibles and non-fungible tokens in the field of music
None of the aforesaid services being or relating to set-top boxes or decoders, or being digital media players or streaming devices, or intended for the broadcasting or streaming of audio, visual, audiovisual and multimedia content or material via set-top boxes or decoders, digital media players and streaming devices, or intended for the downloading or storage of films, series and other audiovisual programs via set-top boxes or decoders, digital media players and streaming devices.