The trademark LANCASTER was filed by LANCASTER, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on May 1, 2023, and received one opposition filed on July 27, 2023 by G IMMOBILIARE SRL on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 27, 2023
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003200471 was rejected according to Article 10(2) EUTMDR with decision issued on July 29, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Downloadable digital files authenticated by non-fungible tokens [NFTs]
Downloadable virtual goods, namely computer programs representing the following goods: Eyewear, All the aforesaid goods being for use online or in online virtual environments
Downloadable virtual goods, namely computer programs representing the following goods: Telecommunication apparatus in the form of jewellery, All the aforesaid goods being for use online or in online virtual environments
Downloadable virtual goods, namely computer programs representing the following goods: Smartwatches, All the aforesaid goods being for use online or in online virtual environments
Downloadable virtual goods, namely computer programs representing the following goods: Ring for mobile phones, All the aforesaid goods being for use online or in online virtual environments
Downloadable virtual goods, namely computer programs representing the following goods: Covers for smartphones, All the aforesaid goods being for use online or in online virtual environments
Downloadable virtual goods, namely computer programs representing the following goods: Sleeves for laptops, All the aforesaid goods being for use online or in online virtual environments
Downloadable virtual goods, namely computer programs representing the following goods: Cell phone straps, All the aforesaid goods being for use online or in online virtual environments
Downloadable virtual goods, namely computer programs representing the following goods: Articles of jewellery, All the aforesaid goods being for use online or in online virtual environments
Downloadable virtual goods, namely computer programs representing the following goods: watches, All the aforesaid goods being for use online or in online virtual environments
Downloadable virtual goods, namely computer programs representing the following goods: Key rings [split rings with trinket or decorative fob], All the aforesaid goods being for use online or in online virtual environments
Downloadable virtual goods, namely computer programs representing the following goods: Luggage for travelling and carrying bags, All the aforesaid goods being for use online or in online virtual environments
Downloadable virtual goods, namely computer programs representing the following goods: Pocket wallets, All the aforesaid goods being for use online or in online virtual environments
Downloadable virtual goods, namely computer programs representing the following goods: Bags, All the aforesaid goods being for use online or in online virtual environments
Downloadable virtual goods, namely computer programs representing the following goods: Umbrellas and Parasols [sun umbrellas], All the aforesaid goods being for use online or in online virtual environments
Downloadable virtual goods, namely: computer programs representing the following goods: Umbrella covers, all the aforesaid goods being for use online or in online virtual environments
Downloadable virtual goods, namely computer programs representing the following goods: Walking canes, All the aforesaid goods being for use online or in online virtual environments
Downloadable virtual goods, namely computer programs representing the following goods: clothing, All the aforesaid goods being for use online or in online virtual environments
Downloadable virtual goods, namely computer programs representing the following goods: Shoes and Headwear and headgear, All the aforesaid goods being for use online or in online virtual environments
Downloadable multimedia files containing the following goods: Virtual goods, namely Graphic works, Texts, Audio and Videos, All the aforesaid goods being authenticated by non-fungible tokens (NFTs)
Downloadable image files and video recordings featuring the following goods: Eyewear, All the aforesaid goods being authenticated by non-fungible tokens (NFTs)
Downloadable image files and video recordings featuring the following goods: Telecommunication apparatus in the form of jewellery, All the aforesaid goods being authenticated by non-fungible tokens (NFTs)
Downloadable image files and video recordings featuring the following goods: Smartwatches, All the aforesaid goods being authenticated by non-fungible tokens (NFTs)
Downloadable image files and video recordings featuring the following goods: Ring for mobile phones, All the aforesaid goods being authenticated by non-fungible tokens (NFTs)
Downloadable image files and video recordings featuring the following goods: Covers for smartphones, All the aforesaid goods being authenticated by non-fungible tokens (NFTs)
Downloadable image files and video recordings featuring the following goods: Sleeves for laptops, All the aforesaid goods being authenticated by non-fungible tokens (NFTs)
Downloadable image files and video recordings featuring the following goods: Cell phone straps, All the aforesaid goods being authenticated by non-fungible tokens (NFTs)
Downloadable image files and video recordings featuring the following goods: Articles of jewellery, All the aforesaid goods being authenticated by non-fungible tokens (NFTs)
Downloadable image files and video recordings featuring the following goods: watches, All the aforesaid goods being authenticated by non-fungible tokens (NFTs)
Downloadable image files and video recordings featuring the following goods: Key rings [split rings with trinket or decorative fob], All the aforesaid goods being authenticated by non-fungible tokens (NFTs)
Downloadable image files and video recordings featuring the following goods: Luggage for travelling and carrying bags, All the aforesaid goods being authenticated by non-fungible tokens (NFTs)
Downloadable image files and video recordings featuring the following goods: Pocket wallets, All the aforesaid goods being authenticated by non-fungible tokens (NFTs)
Downloadable image files and video recordings featuring the following goods: Bags, All the aforesaid goods being authenticated by non-fungible tokens (NFTs)
Downloadable image files and video recordings featuring the following goods: Umbrellas and Parasols [sun umbrellas], All the aforesaid goods being authenticated by non-fungible tokens (NFTs)
Downloadable image files and video recordings featuring the following goods: umbrella covers, All the aforesaid goods being authenticated by non-fungible tokens (NFTs)
Downloadable image files and video recordings featuring the following goods: Walking canes, All the aforesaid goods being authenticated by non-fungible tokens (NFTs)
Downloadable image files and video recordings featuring the following goods: clothing, All the aforesaid goods being authenticated by non-fungible tokens (NFTs)
Downloadable image files and video recordings featuring the following goods: Shoes and Headwear and headgear, All the aforesaid goods being authenticated by non-fungible tokens (NFTs)
Software
Augmented reality software
Video games namely Games software, Smartphones, Smartphones namely Smartphones, Smartphones namely Smartphones and Tablet computers namely Data processing programs recorded on data carriers and dowloadable video game software
Software for creating, trading, viewing, storing and/or managing the following goods: Downloadable digital files authenticated by non-fungible tokens [NFTs], downloadable virtual goods, Downloadable multimedia files featuring virtual goods
Transaction management software programs, Using blockchain technology
Multimedia and entertainment software applications
Downloadable digital materials, namely audio visual content, Videos, Movies, Multimedia files and animation, All the aforesaid goods provided via global computer networks and Via wireless networks.
The mark was filed in class 35 with following description of goods:
Online retailing or wholesaling, in relation to the following goods: Downloadable digital files authenticated by non-fungible tokens [NFTs]
Online retailing or wholesaling, in relation to the following goods: Virtual goods, That is Computer programs featuring optical goods, all the aforesaid goods being for use online or in online virtual environments
Online retailing or wholesaling, in relation to the following goods: Virtual goods, That is Computer programs featuring telecommunications apparatus in the form of jewellery, all the aforesaid goods being for use online or in online virtual environments
Online retailing or wholesaling, in relation to the following goods: Virtual goods, That is Computer programs featuring smart watches, all the aforesaid goods for use online or in online virtual environments
Online retailing or wholesaling, in relation to the following goods: Virtual goods, That is Computer programs featuring mobile phone ring holders, all the aforesaid goods being for use online or in online virtual environments
Online retailing or wholesaling, in relation to the following goods: Virtual goods, That is Computer programs featuring covers for smartphones, all the aforesaid goods being for use online or in online virtual environments
Online retailing or wholesaling, in relation to the following goods: Virtual goods, That is Computer programs featuring sleeves for laptops, all the aforesaid goods being for use online or in online virtual environments
Online retailing or wholesaling, in relation to the following goods: Virtual goods, That is Computer programs featuring mobile phone straps, all the aforesaid goods being for use online or in online virtual environments
Online retailing or wholesaling, in relation to the following goods: Virtual goods, That is Computer programs featuring jewellery, all the aforesaid goods being for use online or in online virtual environments
Online retailing or wholesaling, in relation to the following goods: Virtual goods, That is Computer programs featuring watches, all the aforesaid goods being for use online or in online virtual environments
Online retailing or wholesaling, in relation to the following goods: Virtual goods, That is Computer programs featuring key rings [split rings with trinket or decorative fob], all the aforesaid goods being for use online or in online virtual environments
Online retailing or wholesaling, in relation to the following goods: Virtual goods, That is Computer programs featuring luggage and bags, all the aforesaid goods being for use online or in online virtual environments
Online retailing or wholesaling, in relation to the following goods: Virtual goods, That is Computer programs featuring pocket wallets, all the aforesaid goods being for use online or in online virtual environments
Online retailing or wholesaling, in relation to the following goods: Virtual goods, That is Computer programs featuring bags, all the aforesaid goods being for use online or in online virtual environments
Online retailing or wholesaling, in relation to the following goods: Virtual goods, That is Computer programs featuring umbrellas and parasols, all the aforesaid goods being for use online or in online virtual environments
Online retailing or wholesaling, in relation to the following goods: Virtual goods, That is Computer programs featuring umbrella covers, all the aforesaid goods being for use online or in online virtual environments
Online retailing or wholesaling, in relation to the following goods: Virtual goods, That is Computer programs featuring walking sticks, all the aforesaid goods being for use online or in online virtual environments
Online retailing or wholesaling, in relation to the following goods: Virtual goods, That is Computer programs featuring clothing, all the aforesaid goods being for use online or in online virtual environments
Online retailing or wholesaling, in relation to the following goods: Virtual goods, That is Computer programs featuring footwear and headwear, all the aforesaid goods being for use online or in online virtual environments
Online retailing or wholesaling, in relation to the following goods: physical goods, That is: Optical goods, All the aforesaid goods being sold via issuing of a downloadable digital file authenticated by cryptographic non-fungible tokens [NFTs] to the buyer
Online retailing or wholesaling, in relation to the following goods: physical goods, That is telecommunication apparatus in the form of jewellery / telecommunication apparatus in the form of jewelry, All the aforesaid goods being sold via issuing of a downloadable digital file authenticated by cryptographic non-fungible tokens [NFTs] to the buyer
Online retailing or wholesaling, in relation to the following goods: physical goods That is Smartwatches, All the aforesaid goods being sold via issuing of a downloadable digital file authenticated by cryptographic non-fungible tokens [NFTs] to the buyer
Online retailing or wholesaling, in relation to the following goods: physical goods That is Ring for mobile phones, All the aforesaid goods being sold via issuing of a downloadable digital file authenticated by cryptographic non-fungible tokens [NFTs] to the buyer
Online retailing or wholesaling, in relation to the following goods: physical goods That is Smartphone covers, All the aforesaid goods being sold via issuing of a downloadable digital file authenticated by cryptographic non-fungible tokens [NFTs] to the buyer
Online retailing or wholesaling, in relation to the following goods: physical goods That is Sleeves for laptops, All the aforesaid goods being sold via issuing of a downloadable digital file authenticated by cryptographic non-fungible tokens [NFTs] to the buyer
Online retailing or wholesaling, in relation to the following goods: physical goods That is Cell phone straps, All the aforesaid goods being sold via issuing of a downloadable digital file authenticated by cryptographic non-fungible tokens [NFTs] to the buyer
Online retailing or wholesaling, in relation to the following goods: physical goods That is Jewellery, All the aforesaid goods being sold via issuing of a downloadable digital file authenticated by cryptographic non-fungible tokens [NFTs] to the buyer
Online retailing or wholesaling, in relation to the following goods: physical goods That is Watches, All the aforesaid goods being sold via issuing of a downloadable digital file authenticated by cryptographic non-fungible tokens [NFTs] to the buyer
Online retailing or wholesaling, in relation to the following goods: physical goods That is Key rings (trinkets or fobs), All the aforesaid goods being sold via issuing of a downloadable digital file authenticated by cryptographic non-fungible tokens [NFTs] to the buyer
Online retailing or wholesaling, in relation to the following goods: physical goods That is Luggage and carrying bags, All the aforesaid goods being sold via issuing of a downloadable digital file authenticated by cryptographic non-fungible tokens [NFTs] to the buyer
Online retailing or wholesaling, in relation to the following goods: physical goods That is Wallets, All the aforesaid goods being sold via issuing of a downloadable digital file authenticated by cryptographic non-fungible tokens [NFTs] to the buyer
Online retailing or wholesaling, in relation to the following goods: physical goods That is Bags, All the aforesaid goods being sold via issuing of a downloadable digital file authenticated by cryptographic non-fungible tokens [NFTs] to the buyer
Online retailing or wholesaling, in relation to the following goods: physical goods That is Umbrellas, and Parasols, All the aforesaid goods being sold via issuing of a downloadable digital file authenticated by cryptographic non-fungible tokens [NFTs] to the buyer
Online retailing or wholesaling, in relation to the following goods: physical goods That is umbrella covers, All the aforesaid goods being sold via issuing of a downloadable digital file authenticated by cryptographic non-fungible tokens [NFTs] to the buyer
Online retailing or wholesaling, in relation to the following goods: physical goods That is Walking sticks, All the aforesaid goods being sold via issuing of a downloadable digital file authenticated by cryptographic non-fungible tokens [NFTs] to the buyer
Online retailing or wholesaling, in relation to the following goods: physical goods That is Articles of clothing, All the aforesaid goods being sold via issuing of a downloadable digital file authenticated by cryptographic non-fungible tokens [NFTs] to the buyer
Online retailing or wholesaling, in relation to the following goods: physical goods That is Footwear and Headgear, All the aforesaid goods being sold via issuing of a downloadable digital file authenticated by cryptographic non-fungible tokens [NFTs] to the buyer
Arranging and conducting of business incentive reward schemes for promoting the sale of the following goods: downloadable virtual goods, That is Computer programs featuring optical goods
Arranging and conducting of business incentive reward schemes for promoting the sale of the following goods: downloadable virtual goods, That is Computer programs featuring telecommunication apparatus in the form of jewellery
Arranging and conducting of business incentive reward schemes for promoting the sale of the following goods: downloadable virtual goods, That is Computer programs featuring smart watches
Arranging and conducting of business incentive reward schemes for promoting the sale of the following goods: downloadable virtual goods, That is Computer programs featuring mobile phone ring holders
Arranging and conducting of business incentive reward schemes for promoting the sale of the following goods: downloadable virtual goods, That is Computer programs featuring covers for smartphones
Arranging and conducting of business incentive reward schemes for promoting the sale of the following goods: downloadable virtual goods, That is Computer programs featuring sleeves for laptops
Arranging and conducting of business incentive reward schemes for promoting the sale of the following goods: downloadable virtual goods, That is Computer programs featuring mobile phone straps
Arranging and conducting of business incentive reward schemes for promoting the sale of the following goods: downloadable virtual goods, That is Computer programs featuring jewellery
Arranging and conducting of business incentive reward schemes for promoting the sale of the following goods: downloadable virtual goods, That is Computer programs featuring watches
Arranging and conducting of business incentive reward schemes for promoting the sale of the following goods: downloadable virtual goods, That is Computer programs featuring key rings [split rings with trinket or decorative fob]
Arranging and conducting of business incentive reward schemes for promoting the sale of the following goods: downloadable virtual goods, That is Computer programs featuring luggage and carrying bags
Arranging and conducting of business incentive reward schemes for promoting the sale of the following goods: downloadable virtual goods, That is Computer programs featuring pocket wallets
Arranging and conducting of business incentive reward schemes for promoting the sale of the following goods: downloadable virtual goods, That is Computer programs featuring bags
Arranging and conducting of business incentive reward schemes for promoting the sale of the following goods: downloadable virtual goods, That is Computer programs featuring umbrellas and parasols
Arranging and conducting of business incentive reward schemes for promoting the sale of the following goods: downloadable virtual goods, That is Computer programs featuring umbrella covers
Arranging and conducting of business incentive reward schemes for promoting the sale of the following goods: downloadable virtual goods, That is Computer programs featuring walking sticks
Arranging and conducting of business incentive reward schemes for promoting the sale of the following goods: downloadable virtual goods, That is Computer programs featuring clothing
Arranging and conducting of business incentive reward schemes for promoting the sale of the following goods: downloadable virtual goods, That is Computer programs featuring footwear
Arranging and conducting of business incentive reward schemes for promoting the sale of the following goods: downloadable virtual goods, That is Computer programs featuring headwear
Providing of online marketplaces for buyers and sellers, in relation to the following goods: graphic works, digital art images and Video clips, All the aforesaid goods being downloadable and authenticated by non-fungible tokens [NFTs]
Arranging of online virtual fashion shows For commercial, promotional or advertising purposes
Providing of online marketplaces for the purchase and sale, in relation to the following goods: Downloadable digital files authenticated by non-fungible tokens [NFTs], Virtual goods, virtual works of art, Crypto-collectibles or Other blockchain-based valuables [blockchain]
Publicity promotion and Advertising, in relation to the following goods: downloadable virtual goods, That is Computer programs featuring optical goods
Publicity promotion and Advertising, in relation to the following goods: downloadable virtual goods, That is Computer programs featuring telecommunication apparatus in the form of jewellery
Publicity promotion and Advertising, in relation to the following goods: downloadable virtual goods, That is Computer programs featuring smart watches
Publicity promotion and Advertising, in relation to the following goods: downloadable virtual goods, That is Computer programs featuring mobile phone ring holders
Publicity promotion and Advertising, in relation to the following goods: downloadable virtual goods, That is Computer programs featuring covers for smartphones
Publicity promotion and Advertising, in relation to the following goods: downloadable virtual goods, That is Computer programs featuring sleeves for laptops
Publicity promotion and Advertising, in relation to the following goods: downloadable virtual goods, That is Computer programs featuring mobile phone straps
Publicity promotion and Advertising, in relation to the following goods: downloadable virtual goods, That is Computer programs featuring jewellery
Publicity promotion and Advertising, in relation to the following goods: downloadable virtual goods, That is Computer programs featuring watches
Publicity promotion and Advertising, in relation to the following goods: downloadable virtual goods, That is Computer programs featuring key rings [split rings with trinket or decorative fob]
Publicity promotion and Advertising, in relation to the following goods: downloadable virtual goods, That is Computer programs featuring luggage and carrying bags
Publicity promotion and Advertising, in relation to the following goods: downloadable virtual goods, That is Computer programs featuring pocket wallets
Publicity promotion and Advertising, in relation to the following goods: downloadable virtual goods, That is Computer programs featuring bags
Publicity promotion and Advertising, in relation to the following goods: downloadable virtual goods, That is Computer programs featuring umbrellas and parasols
Publicity promotion and Advertising, in relation to the following goods: downloadable virtual goods, That is Computer programs featuring umbrella covers
Publicity promotion and Advertising, in relation to the following goods: downloadable virtual goods, That is Computer programs featuring walking sticks
Publicity promotion and Advertising, in relation to the following goods: downloadable virtual goods, That is Computer programs featuring clothing
Publicity promotion and Advertising, in relation to the following goods: downloadable virtual goods, That is Computer programs featuring footwear
Publicity promotion and Advertising, in relation to the following goods: downloadable virtual goods, That is Computer programs featuring headwear
Business brokerage relating to purchase and sale (including in the context of auctions and auctioneering), in relation to the following goods: Downloadable digital files authenticated by non-fungible tokens [NFTs], Virtual goods, That is Optical goods, telecommunication apparatus in the form of jewellery / telecommunication apparatus in the form of jewelry, Smartwatches, Ring for mobile phones, Smartphone covers, Sleeves for laptops, Cell phone straps, Jewellery, Watches, Key rings (trinkets or fobs), luggage and carrying bags, Wallets, Bags, Rain and sun parasols, umbrella covers, Walking sticks, clothing foot wear and Headgear, All the aforesaid goods being blockchain-based [blockchain]
Providing online of business information via website relating to downloadable virtual goods, namely computer programs featuring the following goods: Optical goods, telecommunication apparatus in the form of jewellery / telecommunication apparatus in the form of jewelry, Smartwatches, Ring for mobile phones, Smartphone covers, Sleeves for laptops, Cell phone straps, Jewellery, Watches, Key rings (trinkets or fobs), Luggage and carrying bags, Wallets, Bags, Umbrellas, and Parasols, umbrella covers, Walking sticks, Articles of clothing, Footwear and Headgear, All the aforesaid goods being for use online or in online virtual environments.
The mark was filed in class 41 with following description of goods:
Entertainment featuring the providing and publishing of downloadable multimedia files featuring the following goods: Virtual goods namely, Optical goods, Telecommunication apparatus in the form of jewellery, Smart watches, Mobile phone ring holders, covers for smartphones, sleeves for laptops, mobile phone straps, Articles of jewellery, Watches, Key holders [split rings with trinket or decorative fob], Luggage and carrying bags, Pocket wallets, Bags and packs, Umbrellas and Parasols [sun umbrellas], Umbrella covers, walking (stick -), wearing, Foot wear and Headwear and headgear, Entertainment featuring the providing and publishing of downloadable image files and video recordings
Entertainment featuring the providing and publishing of the following goods: Downloadable digital files authenticated by non-fungible tokens [NFTs]
Arranging of online virtual fashion shows for entertainment purposes
Production of education and entertainment content for use in virtual, augmented and mixed reality settings