The trademark 4 was filed by 433 B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on December 11, 2022, and received one opposition filed on January 17, 2023 by Hartog B.V. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by DE MERKPLAATS B.V. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 17, 2023
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
The Opposition with reference B 003188394 was rejected according to Article 8(1)(b) EUTMR with decision issued on May 23, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer software and application software
Computer software and application software for mobile phones and personal digital devices for uploading and downloading data relating to sporting activities to the Internet and other computer and electronic communication networks
Software to enable internet users to create, mark, comment and publically share data
Downloadable software in the form of a mobile application
Downloadable software for facilitating online advertising
Electronic publications.
The mark was filed in class 28 with following description of goods:
Games and playthings
Playing cards
Articles for use in practicing for and playing sports and soccer in particular, namely sports balls, board games, tables for table football, footballs, nets for sports
Soccer goals, golf balls, golf bags.
The mark was filed in class 35 with following description of goods:
Advertising and promotion services
Advertising and marketing, for the benefit of third party products and services
Merchandising
Publicity and commercial management
Business promotion for connecting users of social networks with companies and for tracking users and third party advertising to provide strategies, insights, marketing and consumer behaviour prediction
Organization and execution of publicity events and advertisements
Organization and execution of promotional actions and activities
Business data analysis
Business control and counselling for commercial purposes
Business economic and marketing advice by drawing up and providing strategies, insight, marketing guidance, and analysing, understanding and predicting consumer behaviour and motivation, and market trends based on data collected by following website users
Management of commercial affairs
Business administration
Administrative services
Retail and online retailing of clothing, footwear, headgear, bags and accessories therefor, spectacles, watches and jewellery, jewellery, sporting goods, software and application software for mobile phones and personal digital devices, DVDs, compact discs, disks with computer games, disks with electronic games and discs with interactive games
Retail and online retailing in game consoles, personal computers, interactive stations, video and computer games, personal digital aids and smart phones
The bringing together, for the benefit of others, of a variety of services, namely, providing access to websites on the Internet and other computer and electronic communication networks to enable customers to save, report, monitor, upload, download, compare and receive recommendations on sports, personal activity, statistics and performance, enabling consumers to conveniently compare and purchase those services
Advertising and marketing services provided by means of indirect methods of marketing communications, namely social media, search engine optimization marketing, internet marketing, mobile marketing, blogging and other forms of passive, sharable or viral communication channels
Social media marketing strategy and marketing consultancy.