The trademark LAOLA1 was filed by Sportradar Media Services GmbH, a corporation established under the laws of the Republic of Austria (the "Applicant"). The application was published for oppositions on March 12, 2023, and received one opposition filed on April 24, 2023 by La Ola Zentralküche e. K. on Likelihood of confusion. the opponent was represented by esb Rechtsanwälte Strewe, Hänsel & Partner mbB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 24, 2023
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Change of name and professional address of the trademark registration was recorded on April 14, 2024.
Goods And Services
The mark was filed in class 9 with following description of goods:
Imaging operators, data capture operators and emitting operators used in the emission of sporting events
Apparatus, instruments and equipment for telecommunications
Optical image viewers with three-dimensional graphic representation
Apparatus for recording, receiving, transmission, processing, transformation, output and reproduction of data of all kinds, voice, text, signals, sound and image, including multimedia devices
Electronic entertainment apparatus, namely, radio and television receivers, apparatus for the recording and reproduction of sound and images, also portable and for digital image and sound signals
Apparatus for interactive television
Apparatus for receiving and transmission of coded signals (decoder)
Apparatus, including multimedia apparatus, for connecting and controlling audio, video and telecommunications apparatus and computers and printers, including such apparatus with electronic program management and control for interactive television viewing and/or pay TV
Electronic program guides
Operating software and other software for the aforesaid apparatus, instruments and equipment
Data processing equipment and computers, buffer memories, computer chips, discs, cables, drives, terminals, printers, keyboards, monitors and other peripheral apparatus for computers
Computer game accessories comprising disc memories
Video, computer and other downloadable electronic games adapted for use with television apparatus
Accessories for video- and computer games and similar electronic and electrotechnical gaming and sports apparatus, namely, adaptors, modules for function extension and for the expansion of memory capacity, speech synthesizers, 3D spectacles, programmed and unprogrammed cassettes, floppy disks and cartridges and modules
Containers for storage of cassettes and cartridges, program recorders, numeral keyboards, floppy disk stations mainly consisting of floppy disk drives
Micro processors and control electronics
Electronic data processing apparatus, including monitors, input apparatus, output apparatus, printers, terminals and memories, including such apparatus being additional apparatus for a main piece of apparatus
Computer programs on floppy discs, tapes, cassettes, cartridges and modules, discs, compact discs, films, punched cards, punched strips and semi-conductor memories
Electronic data carriers
Video games (computer games) in the form of computer programs recorded on data carriers
Computer and video game cassettes, floppy disks, cartridges, disks and tapes and other programs and databases recorded on machine-readable data carriers, included in this class
Recorded and unrecorded sound, image and data carriers, in particular recording discs, cassettes, CDs, digital audio tapes, video tapes, floppy disks, CD-ROMs, compact discs, audio tapes and audio cassettes (compact cassettes)
Recorded and unrecorded image carriers (included in this class), in particular video discs (optical discs), -compact discs (cd-video, CD-ROM and CD-i), - foils, -cassettes and -tapes
Exposed films
Photo CDs, photographic, cinematographic, optical and teaching apparatus and instruments
Pre-recorded magnetic, magnetic optical and optical carriers for sound and/or images
Telephone cards
Moulded empty video cases
Cases and covers for data storage devices
Parts for all the aforesaid goods, included in this class.
The mark was filed in class 16 with following description of goods:
Printed matter
Paper, cardboard and goods made from these materials, namely, towels of paper, table napkins of paper, filter paper, handkerchiefs of paper, paper decorations, writing paper, packaging containers and bags, wrapping paper
Stationery, including writing and drawing implements
Office requisites (excluding furniture), namely, stamps, stamp pads, stamping inks, letter openers, paper knives, desk trays, files, writing tablets, puncher, binders, staples and paper clips, stickers, also self-adhesive
Instructional and teaching material (except apparatus) in the form of printed matter, terrestrial globes, blackboards and drawing implements for wall boards
Plastic materials for packaging, namely, sleeves, pouches, bags, films, the latter including self-adhesive or for decorative purposes
Photographs, pictures (prints and paintings)
Calendars, transfers (including transfers of vinyl and iron-on transfers), stickers of paper and vinyl, stickers
Cut-out figures and decorations of cardboard, stationery, post and greeting cards, collectable trading cards, name cards made of paper or cardboard, note books, note boards, address books, folders for letters, file covers and binders, reinforcing strips for binding edges, calendars, scrap books, paper weights, letter opener, writing tablets, rulers, erasers, book markers
Dressmaking patterns and stencils for drawing
Transfers [decalcomanias], gift wrap paper, gift tags of paper and cardboard
Self-adhesive plastic foils for decorative purposes
Sleeves and bags of paper and plastic for packaging
Blackboards, adhesives for stationery purposes
Writing equipment, in particular ball-point pens and fountain pens, pencil cases (except of leather), pencil boxes, pencil holders, pencil extenders, pencil sharpeners, drawing, painting and modelling goods and apparatus, paint brushes
Artists' materials, namely, crayons, chalk, palettes and canvasses
Typewriters and office requisites (except furniture), adhesive tape dispensers for household or stationery use, printers' type, printing blocks
Ink
Painted works of art on paper, cardboard, wood and textiles
Decorations of paper for party purposes.
The mark was filed in class 25 with Clothing, footwear, headgear.
The mark was filed in class 28 with following description of goods:
Games, also for educational purposes
Toys
Gymnastic and sporting articles (included in this class)
Decorations for Christmas trees
Playing cards
Automatic gaming and entertainment gaming and sports machines, including video and computer games (including token or coin-operated)
Accessories for video and computer games and similar electronic and electrotechnical gaming and sports apparatus, namely, controllers
Computer game accessories comprising manual controls and television games apparatus.
The mark was filed in class 35 with following description of goods:
Advertising
Public relations
Services in context with advertising, namely rental of advertising space, sponsorship search
Sponsorship promotion and marketing services
Promoting the goods and services of others by arranging for sponsors to affiliate their goods and services with athletes
Arranging of commercial transactions for others including within the framework of e-commerce
Services of promotion agencies for public relations and sports
Marketing and marketing consultancy, market research and market analysis
Arranging advertising and promotional contracts, for companies, sports players, associations and events (sponsoring)
Advertising for football events
Services relating to the analysis evaluation creation and brand establishment
Computerised data processing
Production and distribution of television and radio advertisements
Inputting or compiling of information or data in computer databases
Collection of news, general information, press reports and market research data (also electronically and/or via computer).
The mark was filed in class 38 with following description of goods:
Transmission of sporting results
Provision of access to interactive computer databases in the field of economics, news, sports, entertainment and recreation
Telecommunications, in particular computer-aided electronic information and communications services
Transmission of information like sound, images and data
Reproduction of information relating to telecommunication and broadcasting
Delivery and transmission of news, general information, press reports and market research data electronically and/or via computer
Transmission of sound and images by satellite
Sound, image and data transmission by cable, satellite, computer, computer networks, telephone and ISDN lines and any other transmission media
Operation of networks for the transfer of messages, images, text, speech and data
Broadcasting pay-TV, including video on demand, including for others via a digital platform
Telecommunications services
Provision of information relating to telecommunication, dissemination of information relating to telecommunication including real sports broadcasting via wireless or cable networks
On-line services and transmissions, namely transfer of information and messages including e-mail
Broadcasting of film, television, radio, videotext, teletext programmes or transmissions
Broadcasting of radio and television programmes, also via wire, cable and satellite receiving, videotext, Internet and similar technical installations
Transmission of radio and television broadcasts/programmes via wireless and cable networks
Transmitting of film, television, radio, teletext and videotext programmes or broadcasts
Rental of television decoders.
The mark was filed in class 41 with following description of goods:
Entertainment in context with sports events
Sporting and cultural activities
Organization of sporting and cultural events and activities
Organization of sports competitions, organization of football events
Booking of seats for shows
Ticket reservation and booking services for sporting events
Providing information on sporting events
Provision of sports betting, gambling, lotteries, lotto, collective betting
Collection and provision of sports betting
Organisation and carrying out of show, quiz and music events in the field of entertainment and sports, also for recording or live transmissions via radio or television
Production of television and radio broadcasts, including associated prize game broadcasts
Publication and issuing of printed matter
Publication and editing of books, periodicals and other printed matter, also in electronic form, other than for advertising purposes or publicity texts
Production of films, television, radio, and videotext programmes or broadcasts, radio and television entertainment, production of films and videos and other visual and sound programmes for cultural, education or entertainment purposes
Production, reproduction, demonstration and rental of sound and/or visual recordings on video and/or audio cassettes, tapes and discs
Recording of information like sound, images and data
Production, reproduction, showing and rental of films, videos and other television programmes
Production and reproduction of sound and visual recordings on video and/or audio cassettes, tapes and discs (including CD-ROM and CD-i) and video games (computer games)
Demonstration and rental of video and/or audio cassettes, tapes and discs (including CD-ROMs and CDIs) and video games (computer games)
Rental of television receivers
Production of film, television, radio, videotext and teletext programmes or broadcasts
Providing information relating to sports and sporting events
Reproduction of sound and image recordings.
The mark was filed in class 42 with following description of goods:
Design of Internet sites
Hosting of Internet sites
Software development, in particular in the fields of multimedia, interactive television and pay television
Technical consultancy in the field of multimedia, interactive television and pay TV (included in this class)
Computer programming, including video and computer games
User management and authorization on computer networks
Storing of information, including sound, images and data
Data duplication and conversion services, data encoding services for TV services
Research services in the field of information technology
Providing an e-commerce platform on the Internet
Provision of digital platforms for the operation of e-commerce
Providing a platform on the Internet for the transmission of sporting results.
The mark was filed in class 43 with Services for providing food and drinks and accommodation..
The mark was filed in class 45 with following description of goods:
Exploitation of television and broadcasting rights or granting of licenses in the field of sports
Granting of licenses in the field of sports
Management and exploitation of copyright and industrial property rights for others
Legal services relating to the exploitation of ancillary rights in the field of merchandising.