The trademark BORED PANDA was filed by Tomas Banišauskas, a national of the Republic of Lithuania (the "Applicant"). The application was published for oppositions on January 11, 2023, and received one opposition filed on April 10, 2023 by Orkla Suomi Finland Oy Ab on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by BERGGREN OY and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 10, 2023
It was designated 'Basic Application' for International Application 1746873 at the World Intellectual Property Organization (WIPO).
The application was filed in Lithuanian, and Lithuanian was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on December 21, 2022.
Goods And Services
The mark was filed in class 3 with following description of goods:
Non-medicated cosmetics and toiletry preparations
Non-medicated dentifrices
Perfumery,Essential oils
Bleaching preparations and other substances for laundry use
Cleaning, polishing, scouring and abrasive preparations
Essential oils and aromatic extracts
Animal grooming preparations
Toiletries
Cleaning and fragrancing preparations
Grinding preparations
Oral hygiene preparations
Body cleaning and beauty care preparations
Perfumery and fragrances
Deodorants and antiperspirants
Make-up preparations
Soaps and gels
Skin, eye and nail care preparations
Hair removal and shaving preparations
Bath preparations.
The mark was filed in class 9 with following description of goods:
Computer software for creating, storing, managing, converting, transmitting, broadcasting, transferring, uploading, sending, receiving, displaying, printing, sharing, displaying, manipulating, editing and annotating electronic media, videos or information via the internet or other communication networks
Photographic, cinematographic, audiovisual, optical, weighing, measuring, signalling, detecting, testing, inspecting, life-saving and teaching apparatus and instruments
Apparatus and instruments for conducting, switching, transforming, accumulating, regulating and controlling the distribution or use of electricity
Apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data
Recorded and downloadable media, computer software, blank digital or analogue recording and storage media
Mechanisms for coin-operated apparatus
Computers and computer peripherals
Apparatus, instruments and cables for electricity
Information technology and audio-visual, multimedia and photographic devices
Optical devices, enhancers and correctors
Recorded content
Electrical and electronic components
Data processing equipment and accessories (electrical and mechanical)
Data storage devices and media
Audio/visual and photographic devices
Communications equipment
Computers and computer hardware
Headsets for use with computers
Multifunction computer keyboards
Apparatus for recording, transmission and reproduction of sounds, images, or data
Phonograph records
Apparatus, instruments and materials for transmitting and/or receiving and/or recording sound and/or images
Downloadable audio and video recordings featuring music, comedy, drama, action, adventure and/or animation
Automatic vending machines and mechanisms for coin-operated apparatus
Magnetic, optical, and electronic data storage materials and devices
Blank computer storage media
Data storage device
Data storage devices
Pre-recorded vinyl records, audio tapes, audio-video tapes, audio video cassettes, audio video discs
Audio cassettes sold with brochures
Sound, video and data recordings
Compact discs
DVDs
Mouse pads
Batteries
Rechargeable batteries
Chargers
Chargers for electric batteries
Headphones
Stereo headphones
In-ear headphones
Stereo speakers
Loudspeakers
Audio speakers for home
Monitor speakers
Speakers for computers
Personal stereo speaker apparatus
Radio receivers, amplifiers, sound recording and reproducing apparatus, electric phonographs, record players, high fidelity stereo apparatus, tape recorders and reproducing apparatus, loudspeakers, multiple speaker units, microphones
Digital audio and video players with multimedia and interactive functions
Accessories, parts, fittings, and testing apparatus for all the aforementioned goods
Digital audio and video devices
Audio cassette recorders and players, video cassette recorders and players, compact disc players, digital versatile disc recorders and players, digital audio tape recorders and players
Radios
Audio, video, and digital mixers
Radio transmitters
Car audio apparatus
Cameras
Camcorders
Bags and cases adapted or shaped to contain cameras and/or video cameras
Telephones
Cordless telephones
Mobile phones
Parts and accessories for mobile telephones
Cell phone covers
Cases adapted for mobile phones
Portable digital electronic devices and software related thereto
Handheld digital electronic devices and software related thereto
Digital music and/or video players
Hand held computers, personal digital assistants, electronic organizers, electronic notepads
Holders, straps, armbands, lanyards and clips for portable and handheld digital electronic devices for recording, organizing, transmitting, manipulating, and reviewing text, data, audio, image and video files
Computer software
Software
Electronic handheld devices for the wireless receipt, storage and/or transmission of data and messages, and electronic devices that enable the user to keep track of or manage personal information
Sound effect apparatus and instruments (computer software)
Electronic tone generators (computer software)
Computer desktop utility software
Application software
Firmware
Games software
Education software
Freeware
Downloadable software
Interactive software
Compiler software
Communication software
Video game programs
Computer game discs
Video game cartridges
Video game discs
Game programs for arcade video game machines
Computer game cassettes
Computer game cartridges
Headsets for playing video games
Downloadable computer games
Computer games of chance
Games cartridges for use with electronic games apparatus
Educational software featuring instructions for playing games
Computer hardware for games and gaming
Software programs for video games
Recorded computer game programs
Computer programs for pre-recorded games
Games software
Interactive computer game programs
Interactive game software
Game development software
Headsets for virtual reality games
Pre-recorded video tapes featuring games
Pre-recorded audio tapes featuring games
Computer game software for use with on-line interactive games
Virtual reality game software
Memory cards for video game machines
Interactive multimedia computer game programs
Computer video game software
Computer game software, recorded
Computer game software, downloadable
Interactive multimedia game programs
Programs for arcade video game machines
Augmented reality game software
Microphones for consumer video game apparatus
Monitors for consumer video game apparatuses
Microphones for handheld electronic game apparatus
Earphones for consumer video game apparatus
Monitors for arcade video game machines
Monitors for handheld electronic game apparatus
Earphones for handheld electronic game apparatus
Video games [computer games] in the form of computer programs recorded on data carriers
Computer software for the administration of on-line games and gaming
Pre-recorded laser discs featuring games
Joysticks for use with computers, other than for video games
Software programs for video games
Computer game software for use on mobile and cellular phones
Computer programs for video and computer games
Interactive multimedia computer game programs
Electronic game software for mobile phones
Software for arcade video game machines
Computer game software for use on mobile devices
Smartphone game software, downloadable
Video games on disc [computer software]
Computer software that permits games to be played
Electronic downloadable publications in the field of video games
Downloadable electronic publications in the nature of magazines in the field of video games
Downloadable information relating to games and gaming
Interactive multimedia software for playing games
Pre-recorded DVDs featuring games
Computer games programs recorded on tapes [software]
Electronic game software for handheld electronic devices
Electronic game software for wireless devices
Battery chargers for home video game machines
Interactive entertainment computer software for video games
AC adapters for handheld electronic game apparatus
Downloadable electronic game software for wireless devices
Programmed video games contained on cartridges [software]
Virtual reality headsets adapted for use in playing video games
Computer games programmes downloaded via the internet [software]
Computer game software downloadable from a global computer network
Recorded programs for hand-held games with liquid crystal displays
AC adapters for consumer video game apparatus
Downloadable interactive entertainment software for playing computer games
Downloadable interactive entertainment software for playing video games
Computer application software featuring games and gaming
Electronic publications, downloadable, relating to games and gaming
Computer games programmes for simulating financial securities trading [software]
Computer programmes for interactive television and for interactive games and/or quizzes
Games software for use with video game consoles
Interactive casino games provided through a computer or mobile platform
Downloadable computer game software via a global computer network and wireless devices.
The mark was filed in class 16 with following description of goods:
Paper and cardboard
Printed matter
Bookbinding material
Photographs
Adhesives for stationery or household purposes
Design, drawing and artists’ materials
Paint brushes
Teaching materials [except apparatus]
Sheets, films and bags of plastic for packaging and wrapping
Printer types, printing blocks
Decoration and art materials and media
Works of art and figurines of paper and cardboard, and architects' models
Bags and articles for packaging, wrapping and storage of paper, cardboard or plastics
Filtering materials of paper
Printed matter, and stationery and educational supplies
Decorative paper centerpieces
Humidity control sheets of paper or plastic for foodstuff packaging
Covers of paper for flower pots
Decorations of cardboard for foodstuffs
Table place setting mats of card
Coasters of cardboard
Drip mats of cardboard
Tissue paper
Drip mats of paper
Placards of paper or cardboard
Coasters of paper
Paper garlands
Table decorations of paper
Tablecloths of paper
Paper pennants
Paper cocktail parasols
Placards of paper
Paper towels
Mats of paper for drinking glasses
Napkin paper
Place cards
Adhesives for stationery or household purposes
Arts, crafts and modelling equipment
Office machines
Printed books, magazines, newspapers, and other paper-based media
Educational equipment
Photo albums and collectors' albums
Writing and stamping implements
Printed matter representing monetary value or for financial purposes
Printing and bookbinding equipment
Correcting and erasing implements.
The mark was filed in class 18 with following description of goods:
Leather and imitation leather
Animal skins, hides
Umbrellas and parasols
Walking sticks
Whips, harness and saddlery
Collars, leashes and clothing for animals
Saddlery, whips and apparel for animals
Luggage, bags, wallets and other carriers
Walking sticks
Umbrellas and parasols
Imitation leather
Card holders made of leather
Attache cases made of leather
Leather luggage straps
Leather straps
Boxes made of leather
Labels of leather
Sheets of leather for use in manufacture.
The mark was filed in class 25 with following description of goods:
Clothing, footwear, headgear
Parts of clothing, footwear and headgear
Hats
Boots
Caps [headwear]
Bonnets
The aforesaid goods excluding sleepwear, sleep masks, bathroom wear, bath robes, pyjamas, and night clothes.
The mark was filed in class 28 with following description of goods:
Toys, games, and playthings
Sporting and physical exercise equipment
Tabletop games and gambling devices
Video game apparatus, arcade games, and amusement machines.
The mark was filed in class 29 with following description of goods:
Processed fruits, fungi, vegetables, nuts and pulses
Sausage skins and imitations thereof
Birds eggs and egg products
Preserved, frozen, dried and cooked fruits and vegetables
Jellies, jams, compotes
Meat and meat products
Prepared insects and larvae
Dairy products and dairy substitutes
Soups and stocks, meat extracts
Nutrient oils and fats
Fish, seafood and molluscs, not live
Fish, seafood and molluscs spreads
Jellies, jams, compotes, fruit and vegetable spreads
Meat spreads.
The mark was filed in class 30 with following description of goods:
Coffee, teas and substitutes therefor
Sugars, natural sweeteners, sweet coatings and fillings, bee products
Salts, seasonings, flavourings and condiments
Processed grains, starches, and goods made thereof, baking preparations and yeasts
Bread
Pastries, cakes, tarts
Rice, pasta and pasta sheets
Tapioca and sago
Flour and preparations made from cereals
Honey, treacle
Yeast, baking-powder
Salt, flavourings, spices, preserved herbs
Vinegar, sauces and other food flavourings
Ice [frozen water].
The mark was filed in class 32 with following description of goods:
Beer and non-alcoholic beer
Non-alcoholic beverages
Beer and brewery products
Non-alcoholic preparations for making beverages
Nut and soy based beverages
Flavoured carbonated beverages
Waters
Mineral and aerated waters
Fruit beverages and fruit juices
Syrups and other preparations for making non-alcoholic beverages.
The mark was filed in class 35 with following description of goods:
Advertising
Business management, organization and administration
Office functions
Promoting the goods and services of others
Dissemination of advertising matter
Demonstration of goods
Sample distribution
Shop window dressing
Market research
Marketing services
Marketing of goods
Targeted marketing
Business information
Business management planning
Business management supervision
Management of customer loyalty, incentive or promotional schemes
Development and administration of customer loyalty and promotion schemes
Commercial administration of the licensing of the goods and services of others
Assistance in management of business activities
Business management consulting
Inventorying merchandise
Commercial information and advice for consumers in the choice of products and services
Administrative processing of purchase orders
Wholesale or retail services in relation to foodstuffs, beverages, fruit and vegetables, soap, perfumery, essential oils, dental care preparations, food supplements, hygiene preparations, dietetic products, except of confectionery, sweets, chewing gums, chocolate, licorice, cereal bars and energy bars, biscuits, ice cream, sorbets and other edible ice
Wholesale or retail services in relation to bags for packaging, printed matter, table napkins and tablecloths of paper, paper handkerchiefs, artists’ materials, office supplies, training materials and visual aids, household and kitchen articles, tablecloths, sewing supplies, sewing accessories and materials
Wholesale or retail services in relation to carpets, floor and wall coverings, games and toys, vegetables, seeds, plants, sports and gymnastics goods, garments, clothing, footwear, headgear, haberdashery, jewellery and accessories, watches and timers
Wholesale or retail services in relation to paper and stationery, books, films, newspapers, office supplies, electrical and electronic goods, telecommunication devices and apparatus, washing and cleaning preparations, cosmetics, toiletries, pharmaceutical preparations
The aforesaid services excluding wholesale or retail services in relation to sleepwear, sleep masks, bathroom wear, bath robes, pyjamas, night clothes.
The mark was filed in class 42 with following description of goods:
Scientific and technological services and research and design relating thereto
Industrial analysis, industrial research and industrial construction
Quality control and authentication
Design and development of computer hardware and software
Testing, authentication and quality control
Design services
IT services
Science and technology services
Computer hardware development
Data duplication and conversion services, data coding services
IT consultancy, advisory and information services
IT security, protection and restoration
Rental of computer hardware and facilities
Hosting services and software as a service and rental of software
Software development, programming and implementation
Design of games
Computer programming of computer games
Design of board-games
Video game development services
Design services relating to model making for play purposes
Design of computer game software
Technical services for the downloading of video games
Development of hardware for video games
Rental of computer game software
Rental of video game software
Programming of video game software
Video game software development
Video game software design
Programming of computer game software
Creation of video games and computer games
Computer programming of video and computer games
Design and development of computer game software
Design and development of video game software
Development of computer hardware for computer games
Advisory and consultancy services relating to computer and video games software
Platforms for gaming as software as a service [SaaS]
Design and development of computer game software and virtual reality software
Providing of non-downloadable, time-limited software for creating, storing, uploading and sending websites
Data security services
Hosting of online blogs with a wide range of videos and multimedia information and chats.