The trademark AQUA KIDS was filed by David ROBOL, a national of the French Republic (the "Applicant") and François ROBERT, a national of the French Republic (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on August 9, 2023, and received one opposition filed on September 20, 2023 by Macy's Merchandising Group, Inc. on Likelihood of confusion. the opponent was represented by PAGE, WHITE & FARRER GERMANY LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 20, 2023
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Information technology and audio-visual, multimedia and photographic devices
Downloadable and recorded content
Games software
Mobile apps
Computer application software for mobile telephones
Computer software applications, downloadable
Downloadable applications for use with mobile devices
Educational tablet applications
Educational computer applications
Educational mobile applications
Computer application software featuring games and gaming
Audio books
Software for tablet computers
Software programs for video games
Downloadable video game programs
Video games [computer games] in the form of computer programs recorded on data carriers.
The mark was filed in class 16 with following description of goods:
Printed matter, and stationery and educational supplies
Books
Albums
Newspapers
Teaching materials [except apparatus]
Comics
Children's books incorporating an audio component.
The mark was filed in class 28 with following description of goods:
Sporting and physical exercise equipment
Toys, games, and playthings
Games
Beach balls
Toys for use in swimming pools
Inflatable games for swimming pools
Playground balls
Sporting articles
Electronic games
Playing cards.
The mark was filed in class 41 with following description of goods:
Education, entertainment and sports
Education, entertainment and sport services
Teaching
Training
Entertainment services
Sporting and cultural activities
Game services provided online from a computer network