The trademark A.ISLAND was filed by SimpelZodiak B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on November 8, 2023, and received one opposition filed on February 8, 2024 by Universal International Music B.V. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Abion Ireland Limited and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 8, 2024
The application was filed in Dutch, and Dutch 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:
Smartwatches
Home voice assistants, namely Voice-controlled devices for the control of electrical and electronic apparatus and for opening and controlling the apps and online services of others
Television programmes, Cinematographic films, Musical performances, Audio recordings, Podcasts, Videos, Videocasts, media, Image files, Graphics and ringtones, The aforesaid goods being downloadable and/or The aforesaid goods being streamable
Data carriers with recordings of sound and images, music recordings, recordings of musical performances, movies, television programs and video games
Software for the streaming of audiovisual media content, Via the internet
Computer games, including the following products: Computer games of chance and computer games for gambling
Downloadable computer games or Streamable computer games
Video games software and cartridges
Programs and software for computer games
Games software, Video game computer programs, computer programs for computer games and computer programs for video game machines
Downloadable internet games (software) to be applied to mobile phones and on the Internet
Games software, for use in relation to the following goods: Television receivers
Downloadable mobile software applications, including in relation to the following fields: entertainment, television shows and Gambling
Computer application software including in relation to the following fields: entertainment, television shows and Gambling
Software applications (for mobile telephones), Software applications for smartphones, Software applications for tablets and Software applications for other mobile communication apparatus, including computer software applications in the following fields: entertainment, television shows and Gambling
Computer programs for interactive television and/or games and/or computer programs for gambling
Software for the uploading, posting, display, reproduction, tagging, blogging, sharing or otherwise providing of electronic media or information Provided via the internet or other communications networks
Downloadable publications
Software for ring tones, games, screensavers, logos and other audiovisual material, such as photographs, short videos and films and graphic designs [graphics], offered and/or communicated via the internet or other electronic means, such as text messages or mobile phone numbers, and being able to be viewed, ordered and/or downloaded by consumers and/or users via the same media, for use in relation to the following goods: Mobile telephones or Other electronic equipment, including the following products: Computers and Smartphones
Spectacles
Upside-down goggles, Sunglasses
Spectacle cases.
The mark was filed in class 25 with Clothing, footwear, headgear.
The mark was filed in class 39 with following description of goods:
Arranging and booking of travel and Arranging the aforesaid services
Transport of passengers and travellers
Arranging of tours, sightseeing (tourism).
The mark was filed in class 41 with following description of goods:
Entertainment services
Entertainment information
Interactive entertainment servies
Interactive television entertainment
Production, Producing, Direction, Executing and presenting in relation to the followings fields: Radio programmes, Television programmes, Audiovisual programs, Music programs, Entertainment promotions and Theatrical programs, Videocasts and Podcasts
Manufacturing services, in relation to the followings fields: Motion pictures and Game shows
Television programmes and audiovisual content
Providing of information in relation to the followings fields: show business, Entertainment, radio and television programs, namely Content, Motion pictures, culture, Teaching, Entertainment and sport, via the radio, On television, Via the internet, Via apps, via social media, via podcasts, via videocasts, Via narrowcasting [displays on the street or in other public areas] and Via a platform
Providing of programmes in whole or in part, for use in the following fields: Radio, television, internet, Mobile, Apps, social media, Podcasts, Videocasts, Narrowcasting [display screens on the street or in other public areas] and other platforms [known now or in the future]
Film and video rental
Teaching, including the following services: providing education services provided by television programs
Odds trading
Gambling services
Odds trading and Gambling, on-line
Providing games
Ordering, In connection with the following goods: Online computer games
Electronic games services
Rental, Lending and Licensing, In connection with the following goods: video games
Organization, in relation to the followings fields: Gambling and Competitions, Including games and competitions of humans against humans and humans against machines with human-like abilities [AI]
Entertainment, namely Game shows via the radio, On television, Via the internet, Via apps, via social media, Via narrowcasting [display screens on the street or in other public areas] and Via a platform
Organization in relation to the followings fields: Competition services, Gambling, quizzes, Entertainment days and audience participation events
Organising of congresses, seminars, lectures and other educational activities
Organising sporting, cultural, musical and educational events
Organisation of trade fairs and exhibitions for cultural and educational purposes
Publication and Services of an editor In connection with the following goods: books, Newspapers, magazines, guides, Program sheets and Other publications, The aforesaid goods also electronically and online
Arranging of elections and award ceremonies, including based on achievements, results and successes
Conducting of courses and Coaching services, including the following services: Personal coaching and Fitness training
Providing online virtual guided tours.
The mark was filed in class 43 with following description of goods: