The trademark VIRTEX was filed by Zenos Technology Limited, a corporation established under the laws of the United Kingdom of Great Britain and Northern Ireland (the "Applicant"). The application was published for oppositions on September 25, 2022, and received one opposition filed on December 22, 2022 by VerTex GmbH Vertriebsgesellschaft für Textil-Einrichtungsbedarf on Likelihood of confusion. the opponent was represented by KOHLER SCHMID MÖBUS PATENTANWÄLTE PARTNERSCHAFTSGESELLSCHAFT MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 22, 2022
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
Total Surrender of the trademark registration was recorded on February 12, 2024.
Goods And Services
The mark was filed in class 9 with following description of goods:
Application software
Downloadable application software
Mobile application software
Downloadable applications for mobile devices
Software applications for mobile devices
Application software for smart phones
Application software for mobile phones
Computer software applications
Application software for smart TV
Application software for wireless devices
Application software for cloud computing services
Software for virtual and augmented reality headsets
Virtual and augmented reality software for playing virtual and augmented reality games
Games software
Interactive games software
Computer game software
Video game software
Virtual and augmented reality games software
Downloadable computer game software
Downloadable video game software
Interactive entertainment computer software for video games
Data recorded electronically from the Internet, namely, recorded computer game programs
Data recorded in machine readable form from the Internet, namely downloadable video game data via the internet
Discs, tapes, cartridges, and CD-ROMs, all bearing computer games software or video games
Electronic amusement apparatus, namely, electronic circuits recording programs for amusement apparatus for use with liquid crystal screens
Computer software and hardware apparatus for downloading, transmitting, receiving, providing, publishing, extracting, encoding, decoding, reading, storing and organizing audiovisual, videographic and written data
Computer software for gathering, processing, monitoring, analyzing, managing and reporting information
Computer software for gathering, processing, monitoring, analyzing, managing and reporting information concerning usage and performance of software, applications, computer and video games, websites, virtual worlds and audio visual content
Computer software for gathering, processing, analyzing, managing and reporting information concerning online, internet and web site activity
Computer software for designing, developing, modifying and improving computer software, applications, computer and video games, websites and audio visual content
Information stored on electronic, magnetic and/or by optical means, namely, CDs and DVDs
Publications in electronic form supplied on-line from a database and from facilities provided on the Internet and other networks and websites, namely, downloadable electronic publications in the nature of magazines in the field of video games
Downloadable electronic publications in the nature of magazines in the field of video games
Electronic notice boards
None of the aforesaid goods relating to the provision of digital mannequins and virtual dressing rooms within the retail sector.
The mark was filed in class 38 with following description of goods:
Video transmission services
Transmission of videocasts
Video transmission via digital networks
Transmission of sound, video and information
Transmission of data, audio, video and multimedia files
Computer-aided transmission of data
Transmission of interactive entertainment software
Mobile media services in the nature of electronic transmission of entertainment media content
Electronic transmission of data and information via a global computer network
Providing online access to computer networks, computer databases, the Internet, on-line bulletin boards, virtual worlds, virtual worlds including user generated characters, and libraries of text, graphics and audio-visual and multimedia information and entertainment
Providing on-line electronic bulletin board services and chat rooms
Providing of an on-line service enabling physically remote players of electronic games to communicate with selected players
Telecommunication and broadcasting services
Broadcasting via the Internet, mobile phone networks and other telecommunications networks
Telecommunication services for the collection and supply of information
Facilitating access to a worldwide computer and/or telecommunications networks for downloading computer software and information
Transmission of information via local and/or global computer and/or telecommunication networks
Providing access to advertising, news, information and audio, video, text and other multimedia content, via local and/or global computer and/or telecommunications networks
Provision of electronic communication links
Provision of telecommunications connections and access to the Internet and/or computer databases
Receipt and/or delivery of messages, documents and other data by electronic transmission
Providing on-line chat room for transmission of messages among computer users concerning topics
Communication and broadcasting of information and advertising by computer, computer terminals, the Internet, television, mobile communications device, telegraphy, telephone, wireless communications device or other electronic means
Internet communication services
Audio visual communication services
Communication services for the transmission of advertising, images, text and data, information, voices, sound and data
Provision of information relating to communications
Information, advisory and consultancy services relating to the aforesaid
None of the aforesaid services relating to the provision of digital mannequins and virtual dressing rooms within the retail sector.
The mark was filed in class 41 with following description of goods:
Online gaming services
Virtual and augmented reality game services provided on-line from a computer network
Information relating to computer gaming entertainment provided online from a computer database or a global communication network
Entertainment services, namely, providing electronic, computer and video games provided by means of the Internet
Internet games, namely, providing non-downloadable games of chance via the internet
Virtual and augmented reality arcade services
Organizing of games
Provision of non-downloadable computer games played via a global computer network
Providing interactive entertainment services, namely, providing temporary use of non-downloadable electronic games
Education and entertainment services, namely, the provision of entertainment information by computer networks, television, mobile telephone, and cable and other electronic means
Preparation, editing and production of cinematographic, televisual, digital and motion picture films, radio and television programs
Entertainment services in the form of electronic, computer and video games provided by means of the Internet, mobile telephone and other remote communications device
Multimedia publishing of computer and video games and computer and video games software
Video game player information, including information regarding a player's identity and the player's preferences via a customized website
Publishing of entertainment and educational software
Advisory and consultancy services in connection with the foregoing.
The mark was filed in class 42 with following description of goods:
Application software development
Development of virtual and augmented reality software
Design of virtual and augmented reality software
Design and development of computer game software and virtual and augmented reality software
Computer software development
Hosting multimedia entertainment content
Hosting of multimedia applications
Computer hardware development
Design and development of computer software and hardware
Development of hardware for video games
Development of computer hardware and software
Development of computer software for computer games
Development of hardware for digital signal processing
Development of hardware for audio and video operators
Development of hardware for processing and distribution of multimedia contents
Development of hardware for use in connection with electronic and interactive multimedia games
Video game software development
Image processing software development
Development of virtual and augmented reality software
Design and development of virtual and augmented reality software
Development of interactive multimedia software
Computer programming services
Computer software development consisting of the design, maintenance, programming, engineering, research and writing software services
Advisory and consultancy services relating to computer software and computer software development, design, maintenance, consultancy, programming, engineering, research and writing
Computer software development, design, maintenance, consultancy, programming, engineering, research and writing
Computer and video games development
Creation of computer graphics, namely, computer graphics design services
Computer game design services
Design and development services in relation to computer and video games and interactive entertainment products
Computer design consultancy services relating to the production of computer and video games and interactive entertainment products
Social network software and virtual worlds software development, hosting and software configuration management
Computer services, namely, gathering, processing, monitoring, analyzing, and reporting information concerning usage and performance of software, applications, computer and video games, websites, virtual worlds and computer based audio visual content of others
Computer services, namely, gathering, processing, analysing, managing and reporting information concerning online, internet and web site activity of others
Services for data mining and software data analysis
Computer services, namely, designing, developing, modifying and improving computer software, applications, computer and video games, and websites
Development of computer software that performs the above functions to others
Software development, design, maintenance, software programming, engineering, research and writing in the field of computer and video games
Advisory and consultancy services relating to computer and video games software
Collection, analysis and reporting of data concerning usage and performance of software, applications, computer and video games, websites, virtual worlds and audio visual content of others
Installation, maintenance, repair and servicing of computer software testing of computer games programs and video games programs
Product quality control testing services
Certification and authentication services
Up-dating of computer games programs and video games programs
Advisory and consultancy services relating to the foregoing none of the aforesaid services relating to the provision of digital mannequins and virtual dressing rooms within the retail sector.