The trademark FRUITY MAGIC was filed by Karlo Carlini, a national of the Italian Republic (the "Applicant") and Carmine Jason Mastronardi, a national of the Italian Republic (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on June 26, 2023, and received one opposition filed on August 21, 2023 by Impera GmbH on Likelihood of confusion. the opponent was represented by Straberger, Christopher and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 21, 2023
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on November 9, 2023.
The Opposition with reference B 003201786 was refused according to Article 8(1)(b) EUTMR with decision issued on June 16, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Videogames viewed via electronic platforms
Videogames featuring the participation or interaction of players in real time with other players or moderators, including via an internet connection
Any of these goods when licensed for use by others
Online software and computer systems relating to or featuring casino and amusement arcade games
Software for physical apparatus featuring casino games or games of chance
Virtual casino games or games of chance accessible to players also remotely via any computerised platform connected to the internet
Sports events betting games via an electronic platform.
The mark was filed in class 28 with following description of goods:
Casino games
Games of change
Videogame machines for gambling
Games of chance with betting
Poker machines
Video lottery gaming machines, with or without monetary prizes and/or for games via telecommunications networks and/or the internet
Playing cards
Poker game services or Poker-based games
Wagering games
Games with monetary prizes
Any of these goods when licensed for use by others
Apparatus for use in card games, casino games and gambling games
Casino game fittings
Game equipment for use by dealers during card games
Casino machines
Coin-operated amusement machines.
The mark was filed in class 41 with following description of goods:
Providing of casino games, slot machines, video lotteries, betting games, card games, poker or poker-based games
Games with real or fake money, accessible via a computer or a mobile platform
Providing of games with monetary prizes
Games with monetary prizes in the nature of interactive casino games, betting card games, games of chance and poker games and modified poker-based games for access by remote players via a communications network.