The trademark application FAB was filed by Epic Games, Inc., a U.S. corporation (the "Applicant"). Appeal pending.
The application was filed in English (Italian was selected as the second language).
The Appeal with reference B R0379/2024-2 was Trade mark application refused according to Article 7(1)(b) EUTMR with decision issued on July 10, 2024 by the EUIPO. The Refusal with reference B 018867443 was Rejected according to Article 7(1)(b) EUTMR with decision issued on January 7, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Downloadable software for uploading, downloading, publishing, viewing, and sharing interactive three-dimensional (3D) models
Downloadable software for use in the creation of computer programs and software, virtual spaces, virtual worlds, online universes, 2D and 3D sites, 2D and 3D content, immersive and realistic interactive experiences, and metaverse environments
Downloadable software for use in the creation of fully immersive and interactive animations, simulations, and visualizations
Downloadable virtual goods, namely, computer programs featuring digital content for use in computer programs and software, virtual spaces, virtual worlds, online universes, 2D and 3D sites, 2D and 3D content, immersive and realistic interactive experiences, and metaverse environments
Downloadable virtual goods, namely, computer programs featuring textures, meshes, models, rigs, graphics, images, videos, audio content, multimedia content, packages, datasets, blueprints, and point clouds, and other digital content for use in computer programs and software, virtual spaces, virtual worlds, online universes, 2D and 3D sites, 2D and 3D content, immersive and realistic interactive experiences, and metaverse environments
Downloadable virtual goods, namely, computer programs featuring props, set pieces, buildings, structures, environments, terrains, foliage, landscapes, avatars, characters, character packs, character animations, and character abilities and dialogue for use in computer programs and software, virtual spaces, virtual worlds, online universes, 2D and 3D sites, 2D and 3D content, immersive and realistic interactive experiences, and metaverse environments
Downloadable virtual goods, namely, computer programs featuring heroes, warriors, adversaries, clothing, accessories, outfits, skins, wraps, pets, vehicles, weapons, tools, armor, character abilities, emotes, body gestures, dialogue, and sounds for use in computer programs and software, virtual spaces, virtual worlds, online universes, 2D and 3D sites, 2D and 3D content, immersive and realistic interactive experiences, and metaverse environments
Downloadable graphics for computers, namely, 2D and 3D images for use in computer programs and software, virtual spaces, virtual worlds, online universes, 2D and 3D sites, 2D and 3D content, immersive and realistic interactive experiences, and metaverse environments
Downloadable computer software programs featuring animations, audio and visual effects, special effects, animation blueprints, maps, elements, audio packs, sounds, sound cues, and audio files for use in the creation of computer programs and software, virtual spaces, virtual worlds, online universes, 2D and 3D sites, 2D and 3D content, immersive and realistic interactive experiences, and metaverse environments
Downloadable software featuring digital human and non-human characters and representations for use in computer programs and software, virtual spaces, virtual worlds, online universes, 2D and 3D sites, 2D and 3D content, immersive and realistic interactive experiences, and metaverse environments
Downloadable 3D and virtual goods, namely, computer programs featuring digital content for use in 3D and virtual environments
Downloadable virtual goods, namely, computer programs featuring digital content for use in creating and participating in online virtual worlds
Downloadable graphics for computers, namely, images for use in creating and participating in virtual environments
Downloadable graphics for computers, namely, images for use in an online multimedia virtual environment
Downloadable graphics for computers, namely, 2D and 3D images for use in the creation of computer-generated imagery and graphics
Downloadable graphics for computers, namely, 2D and 3D images for use in the creation and production of motion pictures, television shows, videos, animations, simulations, visualizations, visual media, digital media, virtual and augmented environments, and virtual, augmented, mixed reality and extended reality experiences
Downloadable graphic files for use in connection with digital content creation platforms
Downloadable software for use in the creation and production of multimedia content, interactive worlds, virtual reality, augmented reality, mixed reality and extended reality experiences, films, television programs, videos, and digital media in general
Downloadable software for use in creating virtual, augmented, mixed reality, and extended reality experiences
Downloadable computer software and electronic files consisting of interactive three-dimensional (3D) models and three-dimensional (3D) models.
The mark was filed in class 42 with following description of goods:
Software as a service (SAAS) services featuring software for uploading, downloading, publishing, viewing, and sharing interactive three-dimensional (3D) models
Software as a service (SAAS) services featuring software for use in the creation of virtual spaces, virtual worlds, online universes, 2D and 3D sites, 2D and 3D content, immersive and realistic interactive experiences, and metaverse environments
Software as a service (SAAS) services featuring software for use in the creation of fully immersive and interactive animations, simulations, and visualizations
Software as a service (SAAS) services featuring software for use in the creation of multimedia content, interactive worlds, virtual reality, augmented reality, mixed reality and extended reality experiences, films, television programs, videos, and visual media
Software as a service (SAAS) services featuring software for use in uploading, downloading, and publishing digital content
Software as a service (SAAS) services featuring software for use in uploading, downloading, and publishing textures, meshes, models, rigs, graphics, images, videos, audio content, multimedia content, projects, packages, datasets, blueprints, assets, asset data, point clouds, and other digital content for use in computer programs and software, virtual spaces, virtual worlds, online universes, 2D and 3D sites, 2D and 3D content, immersive and realistic interactive experiences, and metaverse environments
Software as a service (SAAS) services featuring software for use in uploading, downloading and publishing props, set pieces, buildings, structures, environments, terrains, foliage, landscapes, avatars, characters, character packs, character animations, and character effects for use in computer programs and software, virtual spaces, virtual worlds, online universes, 2D and 3D sites, 2D and 3D content, immersive and realistic interactive experiences, and metaverse environments
Software as a service (SAAS) services featuring software for use in uploading, downloading and publishing heroes, warriors, adversaries, clothing, accessories, outfits, skins, wraps, pets, vehicles, weapons, tools, armor, abilities, emotes, gestures, dialogue, and sounds for use in computer programs and software, virtual spaces, virtual worlds, online universes, 2D and 3D sites, 2D and 3D content, immersive and realistic interactive experiences, and metaverse environments
Software as a service (SAAS) services featuring software for uploading, downloading and publishing 2D and 3D images for use in computer programs and software, virtual spaces, virtual worlds, online universes, 2D and 3D sites, 2D and 3D content, immersive and realistic interactive experiences, and metaverse environments
Software as a service (SAAS) services featuring software for use in uploading, downloading and publishing animations, audio and visual effects, special effects, animation blueprints, maps, elements, audio packs, sounds, sound cues, and audio files for use in computer programs and software, virtual spaces, virtual worlds, online universes, 2D and 3D sites, 2D and 3D content, immersive and realistic interactive experiences, and metaverse environments
Software as a service (SAAS) featuring software for uploading, downloading and publishing digital human and non-human characters and representations for use in computer programs and software, virtual spaces, virtual worlds, online universes, 2D and 3D sites, 2D and 3D content, immersive and realistic interactive experiences, and metaverse environments
Software as a service (SAAS) services featuring software for creating digital content in 3D and virtual environments
Software as a service (SAAS) services featuring software for creating and participating in 3D and virtual environments
Software as a service (SAAS) services featuring software for creating and participating in online virtual worlds
Software as a service (SAAS) services featuring software for uploading, downloading and publishing 2D and 3D images for use in the creation of computer-generated imagery and graphics
Software as a service (SAAS) services featuring software for uploading, downloading and publishing 2D and 3D images for use in the production of motion pictures, television shows, videos, animations, simulations, visualizations, visual media, digital media, virtual and augmented environments, and virtual, augmented, mixed reality and extended reality experiences
Software as a service (SAAS) services featuring software for uploading, downloading and publishing graphic files for use in connection with digital content creation platforms
Software as a service (SAAS) services featuring software for use in the creation and development of multimedia content, interactive worlds, virtual reality, augmented reality, mixed reality and extended reality experiences, films, television programs, videos, and digital media in general
Software as a service (SAAS) services featuring computer software and electronic files consisting of interactive three-dimensional (3D) models and three-dimensional (3D) models
Providing temporary use of non-downloadable computer software for use in the creation, design, development, production, and operation of virtual spaces, online universes, 2D and 3D sites, 2D and 3D content, immersive and realistic interactive experiences, and metaverse environments
Providing temporary use of non-downloadable computer software for use in uploading, downloading and publishing digital assets for use in computer programs and software, virtual spaces, virtual worlds, online universes, 2D and 3D sites, 2D and 3D content, immersive and realistic interactive experiences, and metaverse environments
Providing temporary use of non-downloadable computer software for use in creating and manipulating digital content and images in 3D and virtual environments, and online virtual worlds
Providing temporary use of non-downloadable computer software for uploading, downloading and publishing 2D and 3D images, graphic files, digital content, and multimedia content for use in the production of motion pictures, television shows, videos, animations, simulations, visualizations, visual media, digital media, virtual and augmented environments, and virtual, augmented, mixed reality and extended reality experiences
Computer services in the nature of hosting customized online sites featuring user-generated content
Software as a service (SaaS) services featuring cloud services in the nature of providing a website featuring technology that enables users to browse and license digital content.