The trademark EVERYWHERE STUDIOS was filed by Build A Rocket Boy Games Ltd., 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 October 27, 2022, and received one opposition filed on January 29, 2023 by Spotify AB on (a) Art. 8(4), (b) Likelihood of confusion. the opponent was represented by TAYLOR WESSING N.V. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 29, 2023
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on January 10, 2023.
Goods And Services
The mark was filed in class 9 with following description of goods:
Game software
Computer and video games software
Electronic game software
Computer and video game programs
Computer and video game discs
Video games on disc
Computer and video game cartridges
Computer and video game cassettes, disks and DVDs
Downloadable electronic game programs
Downloadable computer and video game programs and software
Interactive computer and video game programs
Interactive multimedia software for playing games
Recorded computer game software
Game software for use with video game consoles
Computer game entertainment software
Interactive multimedia computer game programs
Computer game software for use with online games
Electronic game software for mobile phones, handheld electronic devices and wireless devices
Computer programs for pre-recorded games
Pre-recorded compact discs featuring games
Computer hardware for games and gaming
Video games in the form of computer programs recorded on data carriers
Computer and video game software and programs downloadable from the internet
Computer game software downloadable from a global computer network and wireless devices
Downloadable data files relating to games and gaming
Computer application software featuring games and gaming
Downloadable software in the nature of mobile applications for playing games
Mobile computer application software for mobile phones, portable media players and handheld computers, namely, software for use in relation to playing mobile computer and video games
Application software for social networking services via the internet
Downloadable interactive entertainment software for playing computer and video games
Downloadable electronic publications, namely, books, booklets, manuals, magazines, written articles, newsletters and instructional guides relating to games and gaming
Computer software for the administration of online games and gaming
Computer firmware for playing games and gaming
Firmware for computer peripherals, namely, firmware relating to computer peripherals used for playing games and gaming
Computers and computer hardware for games and gaming
Game programs for arcade video game machines
Computer software to enable virtual reality viewing of environments
Computer graphics software
Graphical user interface software
Interactive video software for use in relation to playing games and gaming
Interactive multimedia computer programs for use in relation to playing games and gaming
Virtual reality software for use in relation to playing games and gaming
Virtual reality headsets
Virtual reality game software
Augmented reality software for use in relation to playing games and gaming
Augmented reality software for creating maps
Augmented reality software for use in mobile devices for use in relation to playing games and gaming
Augmented reality software for use in mobile devices for integrating electronic data with real world environments for the purpose of playing games and gaming on mobile devices
Computer programs for providing an all-around view of virtual environments
Computer software for sending and receiving electronic messages, graphics, images, audio and audio visual content via global communication networks
Downloadable comics
Downloadable virtual goods, namely, computer programs featuring clothing, footwear, and headwear, bags, art, multimedia files, audio files, toys, and accessories for use online and in online virtual worlds
Downloadable software for in-game, virtual currency
Downloadable software for in-game, cryptocurrency
Downloadable virtual goods, namely, computer programs featuring digital currency for use in online virtual worlds
Recorded software for digital currency
Recorded software for virtual currency
Recorded software for cryptocurrency
Digital materials, namely, digital currency featuring digital tokens authenticated via blockchain technology
Digital materials, namely, digital currency featuring virtual currency authenticated via blockchain technology
Computer software platforms for blockchain
Downloadable computer software for managing cryptocurrency transactions using blockchain technology
E-commerce software
Downloadable digital files authenticated by non-fungible tokens.
The mark was filed in class 16 with following description of goods:
Printed materials, namely, manuals, pamphlets, booklets, books, magazines, posters and guides in the field of computer and video games
Books
Comics
Graphic prints.
The mark was filed in class 25 with following description of goods:
Clothing
Footwear
Headgear.
The mark was filed in class 28 with following description of goods:
Computer game apparatus
Hand held computer games
Action figures
Toys
Drones [toys].
The mark was filed in class 35 with following description of goods:
Retail and online retail services in relation to the sale of video and computer game hardware and software products, computer software tools and related merchandise, clothing, footwear, and headgear, books, comics, magazines, posters, and guides in the field of computer and video games, toys, action figures, drones [toys]
Online retail services in relation to the sale of downloadable virtual goods, namely, computer programs featuring clothing, footwear, and headwear, bags, art, toys, and accessories for use online and in online virtual worlds
Online retail services in relation to the sale of downloadable virtual merchandise, namely, footwear, and headwear, bags, multimedia files, audio files, art, toys, and accessories for use online and in online virtual worlds
Online marketing services
Provision of an online marketplace for buyers and sellers of goods and services
Distributorship services in the field of computer software namely, game software, video games, computer games, game programs, computer software tools, and virtual merchandise, namely, namely, footwear, and headwear, bags, multimedia files, audio files, art, toys, and accessories for use online and in online virtual worlds
Providing an online virtual environment for trading virtual art and virtual art tokens
Providing an online virtual environment for trading virtual goods, namely footwear, and headwear, bags, multimedia files, audio files, art, toys, and accessories for use online and in online virtual worlds
Organisation of exhibitions and events for commercial or advertising purposes provided via computer networks and global communications networks.
The mark was filed in class 38 with following description of goods:
Provision of access to internet platforms and portals for the purpose of online gaming
Transmission of videos, movies, pictures, images, text, photos, games, user-generated content, audio content, and information via the internet
Providing online forums and instant messaging services for communication in relation to gaming and online gaming
Providing access to computer databases in the fields of computer and video games
Telecommunications via Internet networks
Provision of telecommunication access to videos, audio, text, images, and user-generated content provided through a virtual environment via the Internet
Broadcasting services, namely uploading, posting, showing, displaying, tagging, blogging, sharing or otherwise providing electronic media or information over the Internet or other communication's networks
Provision of access to online virtual environments via the internet
Providing access to e-commerce platforms on the internet.
The mark was filed in class 41 with following description of goods:
Video game entertainment services, namely, providing online non-downloadable video games
Rental of video games
Providing online computer and video games
Providing online interactive computer games
Providing information relating to online computer and video games
Providing information online relating to computer games and computer enhancements for games
Providing non-downloadable internet games
Educational and training services relating to games, namely, providing classes, seminars and workshops in the field of video games, gaming and video game development and training in the field of playing and developing video games and gaming
Providing entertainment services in the nature of online non-downloadable computer, video and electronic games
Games services provided online from a computer network
Providing online entertainment in the nature of game tournaments
Providing online information to game players about the ranking of their scores
Providing online information on computer and video game strategies
Online games services provided via computer networks and global communications networks
Online games services provided by means of communications by computer terminals or mobile telephone
Online games services provided via computer networks and global communication networks
Provision of an online magazine featuring information in the field of computer games
Providing online newsletters in the field of computer games via e-mail
Video game arcade services
Computer and video game software publishing services
Providing on-line non-downloadable comics
Organisation of entertainment and cultural events provided via computer networks and global communications networks
Organisation of competitions provided via computer networks and global communications networks
Entertainment services, namely, providing virtual environments in which users can interact for recreational, leisure, or entertainment purposes.
The mark was filed in class 42 with following description of goods:
Development of computer and video game software and programs
Design of computer and video game software and programs
Computer programming of computer and video games
Design and development of computer game software
Design and development of computer hardware for computer and video games
Computer and video game software authoring
Computer and video game software installation
Computer and video game software maintenance
Computer and video game software engineering
Design and development of virtual reality software
Design and development of virtual reality computer hardware
Design and development of interactive multimedia software
Renting of computer hardware and computer software
Software as a service services featuring software for enabling virtual reality viewing of environments
Provision of information and consultancy services in relation to all of the aforesaid
Rental of computer game programs
Rental of computer and video game software
Software as a Service [SaaS] in the field of computer and video games, virtual and mixed reality environments
Platform as a Service [PaaS] in the field of computer and video games, virtual and mixed reality environments
Design, development, production and programming of virtual goods for others
Design, development and implementation of software in the field of blockchains
Providing a website and web based services for online management of personal computer game software
Maintenance of software used in the field of e-commerce