The trademark SKYLINE was filed by Nissan Jidosha Kabushiki Kaisha (also trading as Nissan Motor Co., Ltd.), a corporation established under the laws of Japan (the "Applicant"). The application was published for oppositions on November 20, 2022, and received one opposition filed on February 20, 2023 by Sky International AG on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by CMS CAMERON MCKENNA NABARRO OLSWANG POSNIAK I BEJM SP.K. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 20, 2023
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Downloadable virtual goods namely, computer programs featuring clothing, footwear, headgear, trading cards, cars, toys (including toy cars), games, artworks (including kinetic art), for use online and in online virtual worlds
Downloadable digital files authenticated by non-fungible tokens
Downloadable multimedia files containing text, video, audio, or combinations thereof, relating to clothing, footwear, headgear, trading cards, cars, toys (including toy cars), games, artworks (including kinetic art), authenticated by non-fungible tokens
Downloadable multimedia files containing artwork in the fields of clothing, footwear, headgear, trading cards, cars, toys (including toy cars), games, artworks (including kinetic art), authenticated by non-fungible tokens
Downloadable audio and video recordings relating to clothing, footwear, headgear, trading cards, cars, toys (including toy cars), games, artworks (including kinetic art), authenticated by non-fungible tokens
Downloadable image files containing or relating to clothing, footwear, headgear, trading cards, cars, toys (including toy cars), games, artworks (including kinetic art), authenticated by non-fungible tokens
All aforesaid used exclusively in connection with or for the promotion of motor vehicles.
The mark was filed in class 35 with Providing an online marketplace for buyers and sellers of downloadable digital goods, namely, cars, toy cars, authenticated by non-fungible tokens.
The mark was filed in class 41 with following description of goods:
Educational and entertainment services, namely, in the form of providing online publications [non-downloadable] relating to crypto-collectibles and blockchain-based non-fungible valuables
Electronic publishing services [e-publishing], namely in the form of publishing digital media relating to crypto-collectibles and blockchain-based non-fungible valuables
Entertainment services, namely, providing on-line, non-downloadable virtual goods, namely cars, toys cars for use in virtual environments
The aforementioned services shall not in any way be used in connection with tourism services or attractions, tours or amusements offered at stadiums including consultancy services in these fields.