The trademark B Heroes was filed by B HEROES EMPOWERMENT S.R.L., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on January 24, 2018, and received one opposition filed on April 18, 2018 by Kazagreto Ltd. on Likelihood of confusion. the opponent was represented by AMERELLER RECHTSANWÄLTE PARTNERSCHAFT MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 18, 2018
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
Cancellation Proceedings
A total of undefined cancellation proceedings were initiated against the trademark registration in 2019.The first Cancellation was filed by Scai Comunicazione srl unipersonale (represented by Francesco Tripaldi) on June 18, 2020 and Appeal pending.
Application for revocation or for a declaration of invalidity of the trademark registration was recorded on March 27, 2019. Appointment and Replacement of representative of the trademark registration was recorded on June 18, 2019. A transfer of the trademark registration was recorded on August 11, 2022. Appointment and Replacement of representative of the trademark registration was recorded on January 23, 2023. A transfer of the trademark registration was recorded on January 31, 2023.
The Appeal with reference B R1245/2020-5 was Cancellation partially rejected according to Article 8(1)(b) EUTMR with decision issued on July 6, 2021 by the EUIPO. The Appeal with reference B R1279/2020-5 was Cancellation partially rejected according to Article 8(1)(b) EUTMR with decision issued on July 6, 2021 by the EUIPO. The Cancellation with reference B 000034204 was EUTM partially cancelled according to Article 60(1)(a) EUTMR with decision issued on April 23, 2020 by the EUIPO. The null with reference B T-587/21 was Closed without judgment according to null with decision issued on March 30, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Cinematographic films
Animated films
Film strips
Movies
Cinematographic films
Magnetic recordings
Optical recordings
Magneto-optical recordings
Solid-state recordings
Amusement apparatus adapted for use with television receivers
Electronic books and publications only in the field of business, television programming, and entertainment
Downloadable multimedia publications and discs only in the field of business, television programming, and entertainment
Downloadable multimedia publications and recordings only in the field of business, television programming, and entertainment
Laser-readable discs
Downloadable video publications and discs
Computer software
Programs for computers
Digital recordings
Media bearing, or for recording, sound and/or video and/or data and/or information
Apparatus and instruments for recording and/or reproducing sound and/or video and/or information
Holograms
Floppy discs
Sound records
Pre-programmed discs
Recording discs
Compact discs
Phonograph records
Audio tapes
Tape cassettes
Videotapes
Laser discs
Interactive compact discs and CD-ROMs
Digital versatile discs (DVDs)
Communications apparatus and equipment
Telephones
Cell phones
Chargers for batters and Apparatus having electric batteries
Mobile telephone chargers
Hands-free apparatus for mobile phones
Mobile phone games
Karaoke machines
Parts and fittings for all the aforesaid
Digital games
Digital video and audio media downloadable from the internet.
The mark was filed in class 16 with following description of goods:
Stationery
Writing instruments
Television programming guides
Books and manuals in the field of interactive and digitally compressed television programming and in connection with fiber optic, cable and satellite television broadcasting.
The mark was filed in class 25 with Clothing, footwear, headgear and and parts and fittings of all the aforesaid goods, included in the class..
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Business prospecting
Organization of exhibitions in halls and showrooms for commercial or advertising purposes
Provision of information and advice on the supplying and promoting of commodities and selection and display of goods
Provision of information and advice to prospective purchasers
Compilation and transaction of data
Compilation of advertisements for use as web pages on the Internet, auctioneering services
Arranging and conducting auctions
Electronic and internet shopping services
Advertising and business services including the compilation and transaction of data and advertisements
On-line retail shopping and ordering services
Consultancy included in this class
Information, advice and assistance relating to all the aforementioned services and the provision of the aforesaid services via a global electronic communications network.
The mark was filed in class 36 with Financial services, including money transfer, electronic funds transfer and bill payment services.
The mark was filed in class 38 with following description of goods:
Communication services, in particular radio, cable and broadcasting services
Broadcasting and transmission of television programs and radio programs
Television transmission, radio transmission and radio diffusion services
Data encryption and data transmission services
Telecommunication services
Fiber optic, cable and satellite, television transmission services
Subscription television broadcasting services
Subscription data transmission services.
The mark was filed in class 41 with following description of goods:
Entertainment services, in particular, services in the preparation of radio and television programs
Services in the production of films, videos, radio programs and live entertainment features
Services in the production of animated motion pictures and television features
Services relating to motion picture entertainment, to television entertainment, and to live entertainment performances and shows
Publication of online publications for entertainment purposes
Services relating to the publication of books, magazines, printed matter and periodicals only in the field of business, television programming, and entertainment
Entertainment services in the nature of interactive and digitally compressed television programming via fiber optics, cable or satellite broadcasting
Education, training and instruction services in the field of interactive and digitally compressed television programming and fibre optics, cable and satellite broadcasting
Leasing of interactive and digital compression television equipment
Services relating to the provision of video and audio visual image carriers for reception and transmission of television programming and information data
Services relating to compressed digital television programming.
The mark was filed in class 42 with following description of goods:
Design and development of formats for radio, television and other (new) multimedia entertainment
Design and development of online sites
Professional technological consultancy in relation to cinema and television, providing of internet space for weblogs, Providing temporary use of non-downloadable computer software for use in the creation and publication of online specialised magazines and blogs, Hosting web sites, Hosting web sites, Hosting websites on the Internet, Designing websites for advertising purposes, Platform as a Service [PaaS]
Licensing of entertainment, television productions, concerts and films, and radio and television programmes and broadcasts.