018772475

Blue

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October 6, 2022

Trademark Summary

The trademark Blue was filed by O2 Worldwide 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 February 19, 2023, and received one opposition filed on May 18, 2023 by BANCO BILBAO VIZCAYA ARGENTARIA, S.A. on Likelihood of confusion. the opponent was represented by GARRIGUES IP, S.L.P. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 18, 2023

The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).

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Goods And Services

• The mark was filed in class 9 with following description of goods:
  
  1. Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signalling, detecting, testing, inspecting, life-saving and teaching apparatus and instruments
  2. Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity
  3. Apparatus for recording, transmission or reproduction of sound or images
  4. Recording discs
  5. Compact discs, DVDs and other digital recording media
  6. Mechanisms for coin-operated apparatus
  7. Cash registers, calculating machines, data processing equipment, computers
  8. Computer software
  9. Fire-extinguishing apparatus
  10. Apparatus for the transmission of sound and image
  11. Telecommunications apparatus
  12. Mobile telecommunication apparatus
  13. Mobile telecommunications handsets
  14. Digital telecommunication apparatus and instruments
  15. Digital tablets
  16. Tablet computers
  17. Computer hardware
  18. Computer application software
  19. Computer software downloadable from the Internet
  20. Recorded computer software
  21. Software applications
  22. Mobile software applications, downloadable applications for multimedia devices
  23. Computer games
  24. Computer game software
  25. Computer software applications, downloadable
  26. Computer games programs
  27. Pocket PCs
  28. Mobile telephones
  29. Selfie sticks [hand-held monopods]
  30. Smart rings
  31. Smartphones
  32. Smartwatches
  33. Wearable technology, namely wearable communication apparatus, telecommunication apparatus, smart phones, watches, monitors, displays, computer hardware, activity trackers, audio equipment, video display monitors, digital electronic devices capable of providing access to the Internet
  34. Laptop computers
  35. Linear actuators [electric]
  36. Telecommunications network apparatus
  37. Drivers software for telecommunications networks and for telecommunications apparatus
  38. Protective clothing
  39. Protective helmets
  40. Televisions
  41. Headphones
  42. Global positioning system [GPS] apparatus
  43. Satellite navigation devices
  44. Sensors none being goods relating to liquids or gases
  45. Internet of Things [IOT] electronic devices namely smart meters, televisions, headphones, global positioning system [GPS] apparatus, satellite navigation devices, pocket PCs, mobile telephones, wearable technology, namely wearable communication apparatus, telecommunication apparatus, smart phones, watches, monitors, displays, computer hardware, activity trackers, audio equipment, video display monitors, digital electronic devices capable of providing access to the Internet, laptop computers, sensors and gateways
  46. Computer hardware and software for use in and with Internet of Things [IOT] devices none being goods relating to liquids or gases
  47. Computer software recorded onto CD Rom
  48. Smart meters
  49. Glasses
  50. Spectacle glasses
  51. Sunglasses
  52. Protective glasses and cases therefor
  53. Contact lenses
  54. Cameras
  55. Camera lenses
  56. MP3 players
  57. Audio tapes, audio cassettes
  58. Audio discs
  59. Audio-video tapes
  60. Audio-video cassettes
  61. Audio-video discs
  62. Video tapes
  63. Video cassettes
  64. Video discs
  65. CDs, DVDs
  66. Downloadable electronic publications
  67. Downloadable image files
  68. Downloadable music files
  69. Mouse mats
  70. Magnets
  71. Mobile telephone covers
  72. Mobile telephone cases
  73. Hands free kits for phones
  74. Magnetic cards
  75. Encoded cards
  76. Mobile phone application software
  77. Software for telecommunication
  78. Electronic notice boards
  79. Electric batteries
  80. Battery chargers
  81. Security alarms
  82. Security cameras
  83. Security warning apparatus
  84. Security control apparatus
  85. Security surveillance apparatus
  86. Computer software for security purposes
  87. SIM cards
  88. Interactive touch screen terminals
  89. Aerials
  90. Alarms
  91. Electric cables
  92. Chemistry apparatus and instruments
  93. Recorded computer operating programs
  94. Computer peripheral devices
  95. Data processing apparatus
  96. Diagnostic apparatus, not for medical purposes
  97. Distance measuring apparatus
  98. Distance recording apparatus
  99. Downloadable ring tones for mobile phones
  100. Electronic tags for goods
  101. Eyepieces
  102. Goggles for sports
  103. Magnetic identity cards
  104. Intercommunication apparatus
  105. Loudspeakers
  106. Magnetic data media
  107. Mathematical instruments
  108. Modems
  109. Electric monitoring apparatus
  110. Television apparatus
  111. Testing apparatus not for medical purposes
  112. Telecommunication transmitters
  113. Mobile device management apparatus
  114. Software for mobile device management
  115. Middleware for management of software functions on electronic devices
  116. Computer virus software
  117. Computer antivirus software
  118. Smart home software
  119. Smart home devices, namely, smart doorbells, smart speakers, smart televisions, smart radios, smart alarms, smart security systems, smart video monitors, smart monitoring apparatus and instruments, smart telephones, smart meters, smart locks and padlocks, smart door locks
  120. Home automation devices
  121. In-car entertainment systems
  122. Privacy protection software
  123. Printers
  124. Printer programmes, servers, sharers, cables, hubs and converters
  125. Photo printers
  126. Downloadable virtual goods, namely, digital art, photographs, videos, or audio recordings
  127. Downloadable digital artwork and images
  128. Downloadable software for downloading, receiving, sending, and storing software, data, links, video files, and image files from the internet
  129. Downloadable software for providing access to digital marketplaces and auctions
  130. Computer application software for blockchain-based platforms
  131. Parts and fittings for all the aforesaid goods
  132. None of the aforementioned relating to computer disk drives, hard disk drives (HDDs), solid state drives (SSDs)
  133. None of the aforesaid relating to the processing of financial transactions or financial solutions.
• The mark was filed in class 35 with following description of goods:
  
  1. Advertising
  2. Business management
  3. Business administration
  4. Office functions
  5. Organisation, operation and supervision of loyalty and incentive schemes
  6. Retail services and online retail services connected with the sale of scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments, apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity, apparatus for recording, transmission or reproduction of sound or images
  7. Retail services and online retail services connected with the sale of magnetic data carriers, recording discs, compact discs, DVDs and other digital recording media, mechanisms for coin-operated apparatus, cash registers, calculating machines, data processing equipment, computers, computer software, fire-extinguishing apparatus, apparatus for the transmission of sound and image, telecommunications apparatus, mobile telecommunication apparatus, mobile telecommunications handsets
  8. Retail services and online retail services connected with the sale of digital telecommunication apparatus and instruments, digital tablets, computer hardware, computer application software, computer software downloadable from the Internet, recorded computer software, software applications, mobile software applications, downloadable applications for multimedia devices, computer games, computer game software, computer games programs, PDAs (Personal Digital Assistants)
  9. Retail services and online retail services connected with the sale of pocket PCs, mobile telephones, laptop computers, telecommunications network apparatus, drivers software for telecommunications networks and for telecommunications apparatus, protective clothing, protective helmets, televisions, headphones, global positioning system [GPS] apparatus, satellite navigation devices, computer software recorded onto CD Rom, SD-Cards (secure digital cards), glasses, spectacle glasses, sunglasses
  10. Retail services and online retail services connected with the sale of protective glasses and cases therefor, contact lenses, cameras, camera lenses, MP3 players, audio tapes, audio cassettes, audio discs, audio-video tapes, audio-video cassettes, audio-video discs, video tapes, video cassettes, video discs, CDs, DVDs, downloadable electronic publications, downloadable image files, downloadable music files, mouse mats, magnets, mobile telephone covers, mobile telephone cases
  11. Retail services and online retail services connected with the sale of hands free kits for phones, magnetic cards, encoded cards, mobile phone application software, software for telecommunication, software for the processing of financial transactions, electronic notice boards, electric batteries, battery chargers, security alarms, security cameras, security warning apparatus, security control apparatus, security surveillance apparatus, computer software for security purposes
  12. Retail services and online retail services connected with the sale of computer software for insurance purposes, SIM cards, aerials, alarms, electric cables, chemistry apparatus and instruments, recorded computer operating programs, computer peripheral devices, data processing apparatus, diagnostic apparatus, not for medical purposes, distance measuring apparatus, distance recording apparatus, downloadable ring tones for mobile phones, electronic tags for goods
  13. Retail services and online retail services connected with the sale of electronic tags for goods, eyepieces, goggles for sports, magnetic identity cards, intercommunication apparatus, loudspeakers, magnetic data media, mathematical instruments, modems, electric monitoring apparatus, television apparatus, testing apparatus not for medical purposes, telecommunication transmitters, paper, cardboard, printed matter, photographs, stationery
  14. Retail services and online retail services connected with the sale of office requisites, instructional and teaching material, packaging material, educational equipment, writing implements, writing instruments, writing materials, books, catalogues, cards, instruction manuals, magazines, mail order catalogues, newspapers, pamphlets, periodical publications, calendars, diaries, labels, maps, printed publications, postcards, posters, printed tariffs, printed forms
  15. Retail services and online retail services connected with the clothing, footwear, headgear, household or kitchen utensils and containers, cookware, tableware, food cooking equipment, cutlery, cleaning articles, gardening articles, jewellery, horological and chronometric instruments, musical instruments, apparatus for lighting, textiles, household textile articles, furniture, furnishing, bags, luggage, toiletries, cosmetics, pharmaceutical preparations, cleaning preparations
  16. Retail services and online retail services connected with the sale of bags, luggage, games and playthings, gymnastic articles, sporting articles, sporting equipment, meat, fish, poultry, game, food, foodstuffs, confectionery, desserts, baked goods, delicatessen products, fruit, flowers, coffee, tea, cocoa, sugar, rice, beers, mineral waters, aerated waters and other non-alcoholic drinks, alcoholic beverages, matches, tobacco
  17. Retail services and online retail services relating to interactive touch screen terminals, selfie sticks [hand-held monopods], smart rings, smartphones, smartwatches, automobile accessories, automobile parts, vehicles, fuels, building materials, metal hardware, electronic components, recorded content
  18. Business management of retail outlets
  19. Arranging subscriptions to telecommunications for others
  20. Compilation and systemisation of information into computer databases
  21. Compilation of statistics
  22. Cost price analysis
  23. Arranging of competitions for advertising purposes
  24. Recruitment services
  25. Employment recruitment
  26. Employment consultancy
  27. Employment agencies
  28. Providing employment information
  29. Providing employment information in connection with youth programme schemes
  30. Commercial administration of the licensing of the goods and services of others
  31. Commercial information and advice for consumers [consumer advice shop]
  32. Opinion polling
  33. Personnel recruitment
  34. Price comparison services
  35. Procurement services for others [purchasing goods and services for other businesses]
  36. Rental of advertising space
  37. Rental of advertising time on communication media
  38. Sales promotion for others
  39. Sponsorship search
  40. Negotiation of business contracts for others
  41. Information and advisory services relating to the aforesaid services
  42. Information and advisory services relating to the aforesaid services provided on-line from a computer database or the Internet
  43. Providing an online marketplace for the display, sale and transfer of artworks authenticated by non-fungible tokens (NFTs)
  44. Auctioning artwork authenticated by non-fungible tokens (nfts), collectibles and crypto collectibles namely digital art, video clips, music recordings, digital trading cards, domains, e-tickets, virtual clothing all authenticated by non-fungible tokens (nfts)
  45. Information and advisory services relating to the aforesaid services provided over a telecommunications network.
• The mark was filed in class 36 with following description of goods:
  
  1. Valuation, selling and trading artwork authenticated by non-fungible tokens (nfts), collectibles and crypto collectibles namely digital art, video clips, music recordings, digital trading cards, domains, e-tickets, virtual clothing all authenticated by non-fungible tokens (nfts)
  2. Digital token exchange services
  3. Digital token trading.
• The mark was filed in class 38 with following description of goods:
  
  1. Telecommunications
  2. Cable television broadcasting
  3. Cellular telephone communication
  4. Communications by computer terminals
  5. Communications by fiber [fibre] optic networks
  6. Communications by telephone
  7. Computer aided transmission of messages and images
  8. Electronic bulletin board services [telecommunications services]
  9. Electronic mail
  10. Facsimile transmission
  11. Information about telecommunication
  12. Message sending
  13. Paging services [radio, telephone or other means of electronic communication]
  14. Providing access to databases
  15. Providing internet chatrooms
  16. Providing telecommunication channels for teleshopping services
  17. Providing telecommunications connections to a global computer network
  18. Providing user access to global computer networks
  19. Radio broadcasting
  20. Rental of access time to global computer networks
  21. Rental of message sending apparatus
  22. Rental of modems
  23. Rental of telecommunication equipment
  24. Rental of telephones
  25. Satellite transmission
  26. Telecommunications routing and junction services
  27. Teleconferencing services
  28. Telegraph services
  29. Telephone services
  30. Television broadcasting
  31. Telex services
  32. Transmission of digital files
  33. Transmission of greeting cards online
  34. Transmission of telegrams
  35. Voice mail services
  36. Wire service
  37. Wireless broadcasting
  38. Telecommunications services
  39. Mobile telecommunications services
  40. Telecommunications portal services
  41. Access to content, websites and portals
  42. Providing access to platforms and portals on the Internet
  43. Provision of access to content, websites and portals
  44. Telecommunication services provided via platforms and portals on the Internet and other media
  45. Mobile telecommunications network services
  46. Fixed line telecommunication services
  47. Provision of broadband telecommunications access
  48. Broadband services
  49. Wireless communication services
  50. Digital communication services
  51. Broadcasting services
  52. Television broadcasting services
  53. Broadcasting services relating to Internet protocol TV
  54. Provision of access to Internet protocol TV
  55. Internet access services
  56. Email and text messaging services
  57. Telecommunications information provided via telecommunication networks
  58. Services of a network provider, namely rental and handling of access time to data networks and databases, in particular the Internet
  59. Communications services for accessing a database
  60. Leasing of access time to a computer database
  61. Providing access to computer databases
  62. Rental of access time to a computer database
  63. Operation of a network, being telecommunication services
  64. Providing electronic bulletin board services
  65. Providing access to weblogs
  66. Providing access to podcasts
  67. Chatroom services for social networking
  68. Providing online forums
  69. Forums for social networking
  70. Providing electronic telecommunication connections
  71. Routing and connecting services for telecommunications
  72. Rental of telecommunications equipment
  73. Providing access to computer databases in the fields of social networking, social introduction and dating
  74. Leasing of mobile phones
  75. Information and advisory services relating to the aforesaid
  76. Information and advisory services relating to the aforesaid services provided on-line from a computer database or the Internet
  77. Telematics services
  78. Information and advisory services relating to the aforesaid services provided over a telecommunications network.
• The mark was filed in class 42 with following description of goods:
  
  1. Scientific and technological services and research and design relating thereto
  2. Industrial analysis and research services
  3. Design and development of computer hardware and software
  4. Calibration [measuring]
  5. Cloud seeding
  6. Computer programming
  7. Computer rental
  8. Computer software consultancy
  9. Computer software design
  10. Updating of computer software
  11. Computer system analysis
  12. Computer system design
  13. Construction drafting
  14. Consultancy in the design and development of computer hardware
  15. Consultancy in the field of energy-saving
  16. Conversion of data or documents from physical to electronic media
  17. Creating and maintaining web sites for others
  18. Data conversion of computer programs and data [not physical conversion]
  19. Digitization of documents [scanning]
  20. Duplication of computer programs
  21. Engineering
  22. Hosting computer sites [web sites]
  23. Industrial design
  24. Installation of computer software
  25. Scientific laboratory services
  26. Land surveying
  27. Maintenance of computer software
  28. Material testing
  29. Mechanical research
  30. Monitoring of computer systems by remote access
  31. Packaging design
  32. Technical project studies
  33. Providing search engines for the internet
  34. Provision of scientific information, advice and consultancy in relation to carbon offsetting
  35. Quality control
  36. Recovery of computer data
  37. Rental of computer software
  38. Rental of web servers
  39. Research and development for others
  40. Surveying
  41. Technical research
  42. It services
  43. Computer programming services
  44. Programming of data processing equipment
  45. Consultancy in the field of computer hardware
  46. Rental of computer hardware
  47. Application service provider (ASP)
  48. Consultancy in the field of computer software
  49. Creating and maintaining blogs for others
  50. Expert advice and expert opinion relating to technology
  51. Rental of data processing apparatus and computers
  52. Technical services relating to projection and planning of equipment for telecommunications
  53. Product research services
  54. Weather forecasting
  55. Research in the field of telecommunication technology
  56. Monitoring of network systems in the field of telecommunications
  57. Technical support services relating to telecommunications and apparatus
  58. Data security services
  59. Data security services [firewalls]
  60. Research relating to security
  61. Computer security system monitoring services
  62. Maintenance of computer software relating to computer security and prevention of computer risks
  63. Updating of computer software relating to computer security and prevention of computer risks
  64. IT security, protection and restoration
  65. Internet security consultancy
  66. Programming of internet security programs
  67. Professional consultancy relating to computer security
  68. Consultancy in the field of security software
  69. Computer security threat analysis for protecting data
  70. Design and development of electronic data security systems
  71. Design and development of internet data security systems
  72. Computer virus protection services
  73. Unlocking of mobile phones
  74. Hosting of web portals
  75. Web portal design
  76. Software as a service [SAAS] services
  77. Consulting services in the field of software as a service [SaaS]
  78. Platform as a Service [PaaS]
  79. Leasing of computers and tablet computers
  80. Information and advisory services relating to the aforesaid
  81. Information and advisory services relating to the aforesaid services provided on-line from a computer database or the Internet
  82. Providing information about web-based services related to blockchain-based artwork authenticated by non-fungible tokens (nfts), collectibles and crypto collectibles namely digital art, video clips, music recordings, digital trading cards, domains, e-tickets, virtual clothing all authenticated by non-fungible tokens (nfts)
  83. Digital art authenticated by non-fungible tokens (nfts), and collectibles and crypto collectibles namely digital art, video clips, music recordings, digital trading cards, domains, e-tickets, virtual clothing all authenticated by non-fungible tokens (nfts), digital token transfer services
  84. Platform as a service (paas) and software as a service (saas) featuring software platforms for providing access to and related to digital art and collectibles, crypto-collectibles, nfts, application tokens, and digital currencies
  85. Platform as a service (paas) and software as a service (saas) featuring software platforms for use in electronically buying, selling, receiving, sending, storing, trading, and processing transactions to and related to digital art and collectibles, crypto-collectibles, nfts, application tokens, and digital currencies
  86. Platform as a service (paas) and software as a service (saas) featuring software platforms for downloading, receiving, sending, and storing software, data, links, video files, and image files from the internet
  87. Platform as a service (paas) and software as a service (saas) featuring software platforms for providing access to digital marketplaces and auctions
  88. Technology services including artificial intelligence and learning technologies for digital art and collectibles, crypto-collectibles, nfts, application tokens, and digital currencies
  89. Information and advisory services relating to the aforesaid services provided over a telecommunications network
  90. None of the aforementioned relating to computer disk drives, hard disk drives (HDDs), solid state drives (SSDs).