The trademark FENDERBALL was filed by The Fully Arcade AB (publ), a corporation established under the laws of the Kingdom of Sweden (the "Applicant"). The application was published for oppositions on March 30, 2023, and received one opposition filed on June 29, 2023 by Fender Musical Instruments Corporation on Likelihood of confusion. the opponent was represented by SIMMONS & SIMMONS LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 29, 2023
The application was filed in Swedish, and Swedish was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Downloadable and recorded content
Software
Computer gaming software
Downloadable game software
Memory cards for video game machines
Computer software for electronic games and computer games
Virtual reality game software
Application software
Application software for games
Communication, networking and social networking software
Peripherals adapted for use with computers and other smart devices
Cases, covers and bags adapted for telephones, mobile telephones, smartphones, tablet computers, e-readers, portable computers and telephone equipment and handheld electronic devices for multimedia use.
The mark was filed in class 16 with following description of goods:
Printed matter
Books
Comic books
Posters
Pictures
Trading cards.
The mark was filed in class 25 with following description of goods:
Headgear
Hats
Caps [headwear]
Caps with visors
Clothing
Dresses
Skirts
Denim jeans
Pants
Tee-shirts
Tops [clothing]
Jackets [clothing]
Stockings
Underwear
Clothing for gymnastics
Footwear
Shoes.
The mark was filed in class 28 with following description of goods:
Toys, games, playthings and novelties
Video game apparatus, arcade games, and amusement machines
Table-top games and gambling devices
Action figures
Trading cards [card game]
Electronic games
Arcade video game machines
Amusement machines, automatic and coin-operated
Carrying cases specially designed for portable games.
The mark was filed in class 41 with following description of goods:
Providing online electronic publications, not downloadable
On-line gaming services
Video game services
Providing online non-downloadable games
Game services provided online from a computer network
Entertainment services, namely, providing online computer and electronic games
Providing a web-based system and on-line portal for users to play online computer and electronic games
Providing virtual environments in which users can interact through social games for recreational, leisure or entertainment purposes.