The trademark SNAP ARES was filed by Snap Inc., a U.S. corporation (the "Applicant"). The application was published for oppositions on October 2, 2023, and received one opposition filed on January 1, 2024 by Gräbert GmbH on Likelihood of confusion. the opponent was represented by HERBST | BRÖCKER and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 1, 2024
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:
Downloadable software, namely, downloadable computer software for creating, producing, processing, transmitting, sharing, editing and color handling of digital images and videos
Computer software and software applications for use in uploading, downloading, capturing, editing, storing, accessing, posting, displaying, tagging, distributing, streaming, linking, sharing, transmitting or otherwise providing photos, videos, images, text, electronic media, photographic and video content, digital data, or information via the internet, communication networks, mobile phones and mobile devices
Software for viewing, editing, enhancing, and modifying digital photos, videos, and images
Downloadable software for object recognition, sound recognition, and scanning the environment for augmented reality and virtual reality experiences
Downloadable computer software, namely, augmented reality software for integrating electronic data with real world environments for the purpose of experiencing, viewing, capturing, recording and editing augmented images, videos, audio and sensory content
Downloadable electronic publications in the nature of magazines, journals and newsletters in the field of augmented reality
Downloadable computer software for use in the delivery, distribution and transmission of entertainment-related audio, video, text and multimedia content
Computer hardware and peripherals, and wearable computer hardware and peripherals in the nature of smartglasses, for augmented reality and virtual reality
Computer hardware, peripherals, and downloadable software for tracking motion in, visualizing, manipulating, viewing, transmitting, and displaying images, video, audio, and data for augmented reality and virtual reality experiences
Downloadable computer software and downloadable application programming interface (API) for use in creating and designing augmented reality and virtual reality experiences
Downloadable augmented reality and virtual reality software for integrating electronic data with real and virtual world environment in the fields of entertainment, photography, communications, and online social networking
Downloadable computer software for database management, data processing, taking measurements and sizing for apparel, and creating personalized fit profiles
Downloadable augmented reality software for mobile phones, personal computers, portable media players, handheld computers, and smart mirrors for integrating electronic data with real world environments for the purpose of virtual try-on of clothing and apparel items
Downloadable augmented reality software for mobile phones, personal computers, portable media players, and handheld computers for integrating electronic data with real world environments for the purpose of creating an online catalog of 3D models of consumer products, namely, clothing, accessories, footwear, and jewelry
Downloadable augmented reality software for mobile phones, personal computers, portable media players, handheld computers, and smart mirrors for integrating electronic data with real world environments for the purpose of superimposing to-scale renderings of home furnishings, accessories, and consumer products into a real world environment
Downloadable augmented reality software for virtual product try-on experiences
Downloadable computer software for the marketing, advertising, and promotion of consumer retail goods
Flat panel display screens
All of the foregoing only for use in connection with augmented reality.
The mark was filed in class 35 with following description of goods:
Facilitating the exchange and sale of services and products of third parties via the internet and communication networks
Electronic processing of orders for others
Promoting the goods and services of others via advertisements on the Internet and computer communication networks
Consulting services for brands and businesses in the field of augmented reality
Creative agency services focused on augmented reality experiences
Organizing business networking events in the fields of software and augmented reality
Business services, namely, connecting individuals with brands and companies for paid opportunities in the fields of software development and augmented reality
Creative marketing plan development services focused on augmented reality experiences
Business consulting services, namely, providing assistance in development of business strategies and creative ideation focused on augmented reality experiences
Development and production of augmented-reality-based multimedia promotional advertising content
Marketing, advertising, and promotional services using augmented reality computer software for integrating electronic data with real world environments for the purpose of viewing, capturing, recording and editing augmented images and augmented videos
All of the foregoing only for use in connection with augmented reality.
The mark was filed in class 41 with following description of goods:
Entertainment services in the nature of augmented reality content
Education services, namely, providing on-line tutorial sessions, non-downloadable tutorial videos, tutoring, classes, and training courses and workshops, all in the field of creating, editing, sharing, sending, and monetizing digital photos, videos, images, emojis, avatars, emoticons, text, audio, augmented reality content, and video games to others via the global computer network
Organizing and hosting social entertainment events in the fields of augmented reality and creating, editing, sharing and sending digital photos, videos, images, emojis, avatars, emoticons, text, audio, and video games
Organizing and hosting educational events in the fields of augmented reality and creating, editing, sharing and sending digital photos, videos, images, emojis, avatars, emoticons, text, audio, and video games
On-line journals, namely, blogs in the field of augmented reality
Providing a website featuring blogs and non-downloadable publications in the nature of magazines, journals, emails, newsletters and articles in the field of augmented reality
Entertainment services in the nature of development and production of augmented-reality-based multimedia entertainment content
Development and production of augmented-reality-based multimedia entertainment content
Provision of entertainment information relating to augmented-reality-based multimedia entertainment content
All of the foregoing only for use in connection with augmented reality.
The mark was filed in class 42 with following description of goods:
Providing electronic verification of on-line orders featuring general consumer merchandise
Providing temporary use of non-downloadable software for the collection, recommendation, organization, transmission, storage, and display of data and information, namely, user-generated content, games, third-party content, photos, video, and audio-visual material
Providing temporary use of non-downloadable software for modifying the appearance and enabling transmission of photographs and videos
Providing temporary use of non-downloadable software for use in taking and editing photographs and recording and editing videos
Providing temporary use of non-downloadable software for sending digital photos, videos, images, audio-visual content and text to others via a global computer network
Providing temporary use of non-downloadable computer software, namely, augmented reality software for integrating electronic data with real world environments for the purpose of viewing, capturing, recording and editing augmented images and augmented videos
Providing temporary use of non-downloadable software for use in creating and designing augmented reality and virtual reality experiences
Providing temporary use of non-downloadable software for object recognition, sound recognition, and scanning the environment for augmented reality and virtual reality experiences
Providing temporary use of non-downloadable software for tracking motion in, visualizing, manipulating, viewing, transmitting, and displaying images, video, audio, and data for augmented reality and virtual reality experiences
Software-as-a-service (saas) services featuring software for integrating electronic data with real world environments for the purpose of experiencing, viewing, capturing, recording and editing augmented images and augmented videos
Computer programming services for creating videos, games and multiplayer augmented reality experiences
Platform-as-a-service (PaaS) featuring software for creating, generating, managing, viewing, decimating, converting, and rendering computer-generated imagery (CGI), three-dimensional (3D), and augmented-reality (AR) assets
Providing online temporary use of non-downloadable software for use in data analysis, taking measurements and sizing for apparel, and creating personalized fit profiles
Providing temporary use of non-downloadable computer software for use in creating and designing augmented reality and virtual reality experiences
Providing temporary use of non-downloadable augmented reality and virtual reality software for integrating electronic data with real and virtual world environment in the fields of entertainment, photography, communications, and online social networking
Providing temporary use of non-downloadable computer software for database management, data processing, taking measurements and sizing for apparel, and creating personalized fit profiles
Software-as-a-service (saas) services featuring software for integrating electronic data with real world environments for the purpose of allowing consumers to virtually try-on clothing, apparel, accessories, and other wearable goods
Software-as-a-service (saas) services featuring software for integrating electronic data with real world environments for the purpose of allowing consumers to superimpose a to-scale rendering of consumer goods including furniture, accessories, décor, decorations, and housewares into a real world environment
Providing temporary use of non-downloadable augmented reality software for mobile phones, personal computers, portable media players, and handheld computers for integrating electronic data with real world environments for the purpose of creating an online catalog of 3D models of consumer products, namely, clothing, accessories, footwear, and jewelry
Providing temporary use of non-downloadable augmented reality software for virtual product try-on experiences
Providing temporary use of non-downloadable computer e-commerce software to allow users to perform electronic business transactions via a global computer network
All of the foregoing only for use in connection with augmented reality.