The trademark S CLUB was filed by S Club Entertainment 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 October 5, 2023, and received one opposition filed on January 3, 2024 by Eschenbach Optik GmbH on Likelihood of confusion. the opponent was represented by WOLPERT RECHTSANWÄLTE and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 3, 2024
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on March 20, 2023. A transfer of the trademark registration was recorded on October 3, 2023. Change of name and professional address of the trademark registration was recorded on August 6, 2024.
Goods And Services
The mark was filed in class 3 with following description of goods:
Beauty and body care preparations
Perfumes
Toilet waters
Eau de cologne
Essential oils
Cosmetics
Toilet preparations
Soaps
Toilet articles
Anti-perspirants
Deodorants for personal care
Preparations for the hair, the scalp, the skin and the nails
Shampoos, conditioners
Hand and body lotions
Dentifrices
Shaving preparations
Dyes for hair
Bath preparations
Body sprays
After shave preparations
Pre-electric shaving preparations.
The mark was filed in class 6 with following description of goods:
All of the above made wholly or principally of metal.
The mark was filed in class 9 with following description of goods:
Video recordings, sound recordings
Video recordings
Computer games
Pre-recorded vinyl records, compact discs, audio tapes, audio-video tapes, audio video cassettes, audio video discs, and digital versatile discs
Pre-recorded video recordings
Downloadable audio and video
Electronic publications
Downloadable audio, video, text and images to a mobile or cellular telephone
Mobile or cellular telephone covers
Mobile or cellular telephones
Motion picture films
Motion pictures for broadcast on television
On-line publications
CD-ROMs
CD-ROM games
Blank audio tapes, blank video tapes, blank audio cassettes, blank video cassettes
Video games
Video and computer games software
Video game cartridges and cassettes
Computer software for arcade apparatus and games, video games software
Computer peripheral mouse pads
Computer software screen savers
Ring tones provided from the Internet.
The mark was filed in class 14 with following description of goods:
Goods made wholly or principally of precious metals and their alloys or coated therewith namely, trophies, ornaments of precious metal, figurines of precious metal, name badges of precious metal
Goods made wholly or principally of precious metals and their alloys or coated therewith namely, decorative and jewellery boxes of precious metal, watch cases, jewellery cases
Stationery, pens, pencils, erasers, pencil sharpeners, pencil cases, rulers, boxes for pens, book markers
Drawing materials, artists' materials
Instructional and teaching materials
Gift bags, carrier bags
Envelopes
Blackboards
Height chart.
The mark was filed in class 18 with following description of goods:
Articles of leather or imitation leather, namely, pouches, cases, shopping bags, boxes of leather, key cases, credit card holders, document cases, attache cases
Bags, brief cases, wrist mounted carryalls, rucksacks, all purpose sports bags, athlete bags, baby back packs, back packs, beach bags, book bags, diaper bags, duffel bags, gym bags, tote bags
Boot bags for travel, satchels
Wallets
Coin purses
Fanny packs, knapsacks
Waist packs
Umbrellas, parasols
Bags for storing records
Tags for use on bags, made wholly or principally of plastic.
The mark was filed in class 20 with following description of goods:
Plaques
Mirrors
Picture frames
Works of art, figurines, models and ornaments, all made of wood, wax, plaster or plastic
Plastic key rings, being made of plastic
Beds
Plastic sign boards
Non-metallic trays
Advertising display boards
Furniture
Chairs
Tables
Sofas
Wardrobes
Chest of drawers
Plastic boxes
Non-metallic containers for storage
Cabinets
Mattresses
Blinds
Parts and fittings for all the aforesaid goods.
The mark was filed in class 24 with following description of goods:
Textile articles, namely, flannels, throws, throws for travelling, throws (furniture coverings), blankets for travelling, blankets for outdoor use, badges made of fabric, banners, curtain tie-backs, gift wrap of fabric, washing mitts, rugs, cushion covers
Textile labels
Bed linen, duvet covers, pillow cases, bed sheets, bed blankets
Table linen
Table cloths, napkins, handkerchiefs, curtains, towels, beach towels, textile wall hangings, textile place mats and silk fabrics
Pennants, being made of plastic
Sleeping bags.
The mark was filed in class 25 with following description of goods:
Video games adapted for use with television receivers
Game equipment for playing a computer game
Ordinary playing cards.
The mark was filed in class 41 with following description of goods:
Entertainment services
Television and radio entertainment services
Sound recording and video recording entertainment services
Entertainment services by live performance, concert, musical and video performances
Production of television shows
Production and organisation of live shows and events
Entertainment services provided over the internet or from a website
Video recordings (not downloadable) provided from the internet
Production of video and/or sound recordings
Presentation, production and performance of shows, musical shows, concerts, videos, multimedia videos and radio and television programmes
Recording, film, video and television studio services
Audio, film, video and television recording services
Music publishing
Sound recording, film and video production and distribution services
Arranging and conducting of seminars, conferences and exhibitions
Publication of books, magazines and other texts
Publishing services
Providing online publications
Services relating to the publication of printed matter, periodical publications, printed publications, books and magazines
Publication of material which can be accessed from databases or from the Internet
Providing interactive entertainment information on-line from computer databases or the Internet
Electronic publishing
Publication of reviews
Cultural services
Educational research and reports
Entertainment services provided online
Entertainment services provided through a network
Education and training services
Entertainment services being provision of virtual or online environments within which users can interact for recreational, competition, gaming, leisure or entertainment purposes
Entertainment, education and publishing services provided by way of blogs and online forums
Entertainment and education services provided by way of podcasts
Provision of web based programmes for mobile communications devices, being non-downloadable media, multimedia, audiovisual media, games and publications
Entertainment and education services by way of music and media provided through the internet or mobile telephone communication
Entertainment and education services on social networking websites
The provision of on-line electronic publications and digital music (not downloadable) from the Internet
Film and television production
Production of broadcasted media
Production of media broadcasted online or through social media
Production, preparation, exhibition, distribution and rental of video, audio, audiovisual and radio programmes and of films, animated films, sound and video recordings and live events, including through interactive media, including on the internet
Fan club services
Arranging and conducting colloquiums, exhibitions, concerts, entertainment events, conferences, congresses, seminars, symposiums, festivals, fairs, circuses, shows, workshops, fashion shows, competitions, games of chance, games and contests
Game and gaming services
Game show entertainment and services
Reality television entertainment and services
Virtual reality game and gaming services
Organizing, producing, arranging and curating entertainment, recreational, educational and cultural events
Publication of images, video and audio online
Blog writing services
Selection and compilation of audio, video, text and images
News reporter services
Recording, cinema, movie, film and television studio services
Writing of scripts, screenplays and other artistic works
Development and creation of formats for entertainment
Development and creation of formats for film and television
Provision of information, advisory and consultancy services in relation to the aforementioned services.