The trademark APPLES NEVER FALL was filed by NBCU Television Holding LLC, a Limited Liability Company (the "Applicant"). The application was published for oppositions on May 31, 2023, and received one opposition filed on August 31, 2023 by Apple Inc. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by D YOUNG & CO LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 31, 2023
The application was filed in English, and English was also language of all opposition proceedings (Spanish was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Prerecorded video and audio discs, DVDs, video and audio cassettes, optical and magneto-optical discs featuring news, entertainment, sports, comedy, drama, music and variety content
Prerecorded CDs featuring music and motion picture sound tracks
Digital media, namely, downloadable audio and visual recordings in the fields of news, entertainment, sports, comedy, drama, music and variety content
Downloadable software applications for accessing, streaming or viewing audio and visual media content for use with computers, mobile devices, and wired and wireless electronic devices
Video game discs
Downloadable video game software
Interactive multi-media software for playing games
Accessories for mobile, portable and handheld devices, namely, protective covers and cases
Charging appliances for rechargeable equipment
Eyewear, eyeglasses, sunglasses and cases therefor
Decorative magnets
Cinematographic machines and apparatus
Wireless communication devices and systems for computer software for the transmission of audio, voice and images
Downloadable animated cartoons
Electronic publications, downloadable, namely, magazines and books in the field of entertainment
Magnetically encoded and electronic gift cards.
The mark was filed in class 25 with following description of goods:
Clothing namely, shirts and tops, dresses, skirts, pants, trousers, jeans, shorts, rompers, overalls, sweatshirts and sweat pants, sweatsuits, gloves, suspenders, ties, coats and jackets, hosiery, pajamas, robes, sleep shirts, sleepwear, swimwear, underwear, Halloween costumes, infantwear and cloth baby bibs
Hats
Headwear, namely, caps
Shoes, boots, and slippers.
The mark was filed in class 41 with Entertainment services in the nature of television series, short form entertainment content, videos and podcasts in the fields of comedy and drama and providing a website, images and non-downloadable videos in the field of entertainment featuring comedy and drama via the internet, mobile and wireless networks..