The trademark PRIME MONSTER was filed by Cavalier Game Studios Ltd, a corporation established under the laws of the United Kingdom of Great Britain and Northern Ireland (the "Applicant"). The application was published for oppositions on August 6, 2023, and received one opposition filed on November 6, 2023 by Monster Energy Company on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by BIRD & BIRD LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 6, 2023
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer and video games software
Card battler computer games
Role-playing computer games
Interactive entertainment software
Data recorded in machine readable form from the Internet
Discs, tapes, cartridges, CD-ROMs, DVDs and other magnetic, electronic or optical media, all bearing computer games, software and/or audio visual content
Digital games
Computer software for designing, developing, modifying and improving computer and video games, websites and audio visual content
Records, discs, tapes, cassettes, cartridges, cards and other carriers bearing or for use in bearing games and graphics, Virtual reality headsets and helmets adapted for use in playing video games
Virtual reality game software
None of the aforementioned goods being provided with beverages, food, nutritional supplements.
The mark was filed in class 28 with following description of goods:
Games and playthings
Card battler games
Role-playing board games
Electronic games apparatus
Audiovisual games on computer hardware platforms (not for use with television receivers), hand-held computer games equipment
Home video game machines and hand-held video game machines
Parts and fittings for all the aforesaid goods
Board games
Electronic game machines
Equipment sold as a unit for playing card games
Electronic hand-held game units
Game equipment sold as a unit for playing aboard game, a card game
Stand-alone video output games machines, and manipulative puzzles
Playing cards
Card games
Three dimensional puzzles
Plush toys
Soft toys
Figurines
Construction toys
Vinyl toys
Toy weapons
Toy masks
Toys
Video games apparatus comprising virtual reality headsets
None of the aforementioned goods being toy cars or being provided with beverages, food, nutritional supplements.
The mark was filed in class 41 with following description of goods:
Entertainment services in the form of electronic, computer and video games provided by means of the Internet and other remote communications device
Online card battler games
Online role-playing computer games
Internet games (non downloadable)
And publishing of computer and video games and computer and video games software
Information, advisory and consultancy services in relation to all of the aforesaid.