The trademark was filed by BitSkins Spółka z ograniczoną odpowiedzialnością, a corporation established under the laws of the Republic of Poland (the "Applicant"). The application was published for oppositions on October 10, 2023, and received one opposition filed on January 10, 2024 by DC COMICS on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Allen Overy Shearman Sterling LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 10, 2024
The application was filed in Polish, and Polish 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
Computer software
Enterprise software
Software
Interfaces for computers
Development environment software
Multimedia software
Computer gaming software
Games software
Software for arranging online transactions
Interactive entertainment software
Simulation software [entertainment]
Virtual reality software
Virtual server software
Virtual reality software for simulation
Virtual and augmented reality software
Virtual reality software for education
Virtual Reality [VR] motion simulators
Software for generating virtual images
Apparatus for generating virtual images
Computer software platforms
Collaboration software platforms [software]
Computer software platforms for social networking
Collaboration management software platforms
Software reliability software
Bioinformatics software
Software testing software
Authentication software
Computer software development tools
Downloadable game software.
The mark was filed in class 35 with following description of goods:
On-line auctioneering services via the Internet
Online advertisements
Providing on-line auction services
Electronic order processing
Internet marketing
Affiliate marketing
Advertising and marketing
Targeted marketing
Influencer marketing
Digital marketing
Dissemination of advertising, marketing and publicity materials
Promotional marketing
Direct marketing
Arranging and conducting of auctions and reverse auctions via computer and telecommunication networks
Arranging of auctions
Organisation of internet auctions
Arranging and conducting auctions
Arranging and conducting of Internet auctions
Conducting interactive virtual auctions
Carrying out auction sales
On-line auction bidding for others
On-line trading services in which seller posts products to be auctioned and bidding is done via the Internet
Auctioneering provided on the internet
Retail of third-party pre-paid cards for the purchase of multimedia content
Retail of third-party pre-paid cards for the purchase of clothing
Retail of third-party pre-paid cards for the purchase of entertainment services
Retail services in relation to computer hardware
Retail services in relation to computer software
Retail services in relation to downloadable electronic publications
Retail services in relation to domestic electronic equipment
Retail services in relation to games
Retail services in relation to information technology equipment
Wholesale services in relation to games
Wholesale services in relation to computer software
Analysis of market research data and statistics
Analysis of advertising response
Compilation and systemization of information into computer databases
Compilation and systematisation of information in databanks
Data processing, systematisation and management
On-line data processing services
Data retrieval services.
The mark was filed in class 41 with following description of goods:
Provision of on-line entertainment
Providing on-line publications
Online interactive entertainment
Providing online electronic publications, not downloadable
Publication of multimedia material online
Entertainment services
Entertainment information
Interactive entertainment services
Organising of entertainment
Education, entertainment and sports
Amusement centers
Providing online virtual guided tours
Virtual physical fitness training services
Provision of online training
Online publication of electronic books and journals
Providing online training seminars
Arranging of games
Electronic publication of texts and printed matter, other than publicity texts, on the Internet
Providing newsletters in the field of computer games via e-mail
Education and training in the field of electronic data processing
Provision of education on-line from a computer database or via the internet or extranets
Education in the field of computing
Information relating to computer gaming entertainment provided online from a computer database or a global communication network
Providing on-line information in the field of computer gaming entertainment
Organization of electronic game competitions
Arranging and conducting e-sports competitions
Organisation of esports events
Organising of esports activities
Organization of electronic sports competitions
Entertainment in the nature of e-sports competitions
Esports officiating
Esports coaching
Provision of on-line computer games
Provision of online information relating to game players
Providing online information on computer and video game strategies
Provision of information relating to esports
Providing on-line interactive computer games
Providing amusement arcade services
Providing esports facilities
Providing information on-line relating to computer games and computer enhancements for games
Electronic games services provided via a global computer network
On-line gaming services
Online game services through mobile devices
Computer and video game amusement services
Entertainment services for matching users with computer games
Entertainment services relating to esports
Video arcade services
Electronic game services and competitions provided by means of the internet
Video game services
Interactive computer game services.
The mark was filed in class 42 with following description of goods:
Updating of computer software
Design of games
Design of virtual reality software
Development of virtual reality software
Providing virtual computer systems through cloud computing
Providing virtual computer environments through cloud computing
Design and development of virtual reality software
Programming of software for online advertising
Platform as a service [PaaS]
Programming of software for Internet platforms
Platforms for artificial intelligence as software as a service [SaaS]
Development of computer platforms
Platforms for gaming as software as a service [SaaS]
Platforms for graphic design as software as a service [SaaS]
Customized design of computer software
Custom design services
Configuration of computer software
Server administration
Research relating to data processing
Integration of computer systems and networks
Computer graphic design for video projection mapping
Planning, design, development and maintenance of online websites for third parties
Design and development of systems for data input, output, processing, display and storage
Software development, programming and implementation
Mining of crypto assets
Digital Distributed Storage
Electronic storage of digital images
Hosting online web facilities for others for sharing online content
Online data storage
Data storage via blockchain
Electronic storage of entertainment media content
Software engineering
Development, updating and maintenance of software and database systems
Video game software development
Development of computer software application solutions
Design and development of computer game software
Designing computer codes
Design of software for compression and decompression of multimedia contents
Design of software for data and multimedia content conversion from and to different protocols.