The trademark ALIEN was filed by TWENTIETH CENTURY FOX FILM CORPORATION, a U.S. corporation (the "Applicant"). The application was published for oppositions on March 22, 1998, and received one opposition filed on June 18, 1998 by JO-Y-JO LIMITED on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute, (d) Earlier sign & right to prohibit use of later TM under national law. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 18, 1998
The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).
Two renewals of the trademark were recorded, one on July 2, 2006, and the other one on February 24, 2016.
Partial transfers of the trademark registration was recorded on March 24, 2006. Relative errors of the trademark registration was recorded on June 27, 2007. Appointment and Replacement of representative of the trademark registration was recorded on April 13, 2008. Appointment and Replacement of representative of the trademark registration was recorded on August 11, 2011. Appointment and Replacement of representative of the trademark registration was recorded on January 8, 2017. Declaration under Art.28(8) EUTMR of the trademark registration was recorded on February 15, 2018. Appointment and Replacement of representative of the trademark registration was recorded on April 2, 2020.
The Opposition with reference B 000051419 was rejected according to Rule 22(2) CTMIR with decision issued on February 21, 2001 by the EUIPO.
The application claimed as seniority of the Republic of Austria trademark null registered on July 29, 1979 which was accepted by the office.
Goods And Services
The mark was filed in class 3 with Bleaching preparations and other substances for laundry use and cleaning, polishing, scouring and abrasive preparations..
The mark was filed in class 9 with following description of goods:
Scientific, nautical, surveying, electric (not included in other classes), photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), life-saving and teaching apparatus and instruments
Apparatus for recording, transmission or reproduction of sound or images
Magnetic data carriers, recording discs
Motion picture films
Television programs recorded on film and video tape
Pre-recorded video cassettes, pre-recorded video tapes and pre-recorded video discs
Sound recordings and other audio and audio-visual materials including pre-recorded phonograph records, pre-recorded audio tapes and pre- recorded audio compact discs
Computer software programs and CD- ROMS
Computer games and computer game cassettes, cartridges and CD- ROMS
Video and computer game cassettes and cartridges adapted for use with television receivers
Talking machines
Pre-paid telephone cards
Computer mouse pads/mats.
The mark was filed in class 14 with following description of goods:
Precious metals and their alloys and goods in precious metals or coated therewith (except cutlery, forks and spoons), jewellery, precious stones
Horological and chronometric instruments, namely watches, watchbands and clocks
Agates
Anchors [clock and watch-making]
Barrels [clock and watch-making]
Cases for clock and watch-making
Cases for watches [presentation]
Clock cases
Clock hands [clock and watch-making]
Clockworks
Coins
Copper tokens
Dials [clock and watch-making]
Jet, unwrought or semi-wrought
Key rings [trinkets or fobs]
Medals
Movements for clocks and watches
Objects of imitation gold, olivine [gems]
Ormolu ware
Ornaments of jet
Pearls made of ambroid [pressed amber]
Pendulums [clock and watch-making]
Semi-precious stones
Spinel [precious stones]
Straps for wrist watches
Watch bands
Watch cases
Watch chains
Watch crystals
Watch glasses
Watch springs
Watch straps.
The mark was filed in class 16 with following description of goods:
Paper and paper articles, cardboard and cardboard articles
Printed matter
Bookbinding material
Photographs
Stationery
Adhesives for stationery or household purposes
Artists' materials
Paint brushes
Typewriters and office requisites (except furniture)
Instructional and teaching material (except apparatus)
Plastic materials for packaging (not included in other classes)
Playing cards
Printers'type
Printing blocks.
The mark was filed in class 18 with following description of goods:
Leather and imitations of leather and articles made from these materials and not included in other classes
The mark was filed in class 20 with Furniture, mirrors, picture frames and articles (not included in other classes) of wood, cork, reeds, cane, wicker, horn, bone, ivory, whale-bone, shell, amber, mother-of-pearl, meerschaum, celluloid, substitutes for all these materials, or of plastics..
The mark was filed in class 21 with following description of goods:
Small domestic utensils and containers (not of precious metal, nor coated therewith)
Combs and sponges
Brushes (other than paintbrushes)
Brush-making materials, instruments and material for cleaning purposes
Steelwool
Unworked or semi-worked glass (excluding glass used in building)
Glassware, porcelain and earthenware not included in other classes.
The mark was filed in class 22 with following description of goods:
Padding and stuffing materials (hair, capoc, feathers, seaweed, etc)
Raw fibrous textile materials
Bands, not of metal, for wrapping or binding
Belts, not of metal, for handling loads
Braces, not of metal, for handling loads
Cocoons
Hair
Hammocks
Harness, not of metal, for handling loads
Hemp bands
Ladder tapes for venetian blinds
Ladder tapes or webbing for venetian blinds
Raw or treated wool
Rope ladders
Sawdust
Slings, not of metal, for handling loads
Straps, not of metal, for handling loads
Strips for tying-up vines
Wadding for filtering
Wadding for filtering
Wood shavings
Wrapping or binding bands, not of metal.
The mark was filed in class 24 with following description of goods:
Tissues (piece goods)
Bed and table covers
Textile articles not included in other classes.
The mark was filed in class 25 with following description of goods:
Clothing, footwear, and headwear
Babies' diapers of textiles
Babies' napkins of textile
Boot uppers
Cap peaks
Dress shields
Fittings of metal for shoes and boots
Footwear uppers
Hat frames [skeletons]
Heel pieces for stockings
Heelpieces for boots
Heelpieces for boots and shoes
Heelpieces for shoes
Heelpieces for stockings
Heels
Inner soles
Iron fittings for boots
Iron fittings for shoes
Non slipping devices for boots
Non-slipping devices for boots and shoes
Non-slipping devices for shoes
Pockets for clothing
Ready-made linings [parts of clothing]
Shirt fronts
Shirt yokes
Soles for footwear
Studs for football boots [shoes]
Tips for footwear
Visors [hatmaking]
Welts for boots
Welts for boots and shoes
Welts for shoes.
The mark was filed in class 27 with following description of goods:
Carpets, rugs, mats and matting
Linoleum and other materials for covering existing floors
Wall hangings (non-textile)
Artificial turf
Wallpaper.
The mark was filed in class 28 with following description of goods:
Toys and games, including video and computer games (not adapted for use with television receivers)
Hand-held computer games and computer game cassettes and cartridges, full-size stand alone arcade games
Electronic games and accessories
Gymnastic and sporting articles
Christmas tree decorations.
The mark was filed in class 30 with following description of goods:
Foodstuffs included in this class, namely coffee, tea, cocoa, sugar, rice, tapioca, sago, coffee substitutes
Flour and preparations made from cereals
Bread, biscuits, cakes, pastry and confectionery
Non-medicated chewing gum
Edible ices
Honey, treacle
Yeast, baking powder
Salt, mustard, pepper, vinegar, sauces (with the exception of salad dressings), spices
Ice.
The mark was filed in class 41 with Education and entertainment services, namely production and distribution of motion picture films, television programs and pre-recorded video tapes, pre-recorded video cassettes, pre-recorded videodiscs and education and entertainment services in the nature of production and distribution of audio materials and other audio-visual works..
The mark was filed in class 42 with On-line computer services.