The trademark INVICTA was filed by Invicta spa, a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on April 20, 2023, and received one opposition filed on July 20, 2023 by INVICTORCO, SLU on Likelihood of confusion. the opponent was represented by ELZABURU, S.L.P. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 20, 2023
The application was filed in Italian, and Italian 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:
Downloadable virtual goods, namely Optical items and instruments, Cases and covers for optical goods, The aforesaid goods for use online and in online virtual worlds
Downloadable virtual goods, namely Stationery and stationery articles, Stationery for offices, Labelling apparatus, Drawing instruments, Office requisites Except furniture, copy books, organizers, Note books, Albums, Empty pencil cases and filled cases/filled and empty cases, The aforesaid goods for use online and in online virtual worlds
Downloadable virtual goods, namely Tourist Bags, Trolley suitcases, Bags, Backpacks, Pocket wallets and Portable containers, Umbrellas, The aforesaid goods for use online and in online virtual worlds
Downloadable virtual goods, namely Articles of clothing, Footwear, head coverings, Sports apparel, Underwear, The aforesaid goods for use online and in online virtual worlds
Downloadable virtual goods, Namely protective padding for sports, winter sports equipment, Games, Skates, Skate boards, Wings and parachutes for paragliding, Hang gliders, The aforesaid goods for use online and in online virtual worlds
Downloadable digital files authenticated by non-fungible tokens [NFTs]
Downloadable software, Namely non-fungible tokens (NFTs) or other digital tokens based on blockchain technology
Downloadable digital artwork
Downloadable clothing and accessories
Downloadable interactive characters, avatars and skins
The aforesaid goods for use online and in online virtual worlds.
The mark was filed in class 35 with following description of goods:
Providing of an online marketplace for buyers and sellers, in relation to the following goods: Optical items and instruments, Cases and covers for optical goods
Providing of an online marketplace for buyers and sellers, in relation to the following goods: Stationery, Office requisites of paper, Writing implements, Drawing instruments, Office requisites (except furniture), Writing books, appointment books, note books, Albums, Empty pencil cases and filled cases/filled and empty cases
Providing of an online marketplace for buyers and sellers, in relation to the following goods: Travelling bags, Trolley suitcases, Bags, rucksacks, Wallets and other containers, Umbrellas
Providing of an online marketplace for buyers and sellers, in relation to the following goods: Footwear, clothing and head gear, Sportswear, Underwear
Providing of an online marketplace for buyers and sellers, in relation to the following goods: Protective padding for sports, winter sports equipment, Games, roller-skates, skate boards, Wings and parachutes for paragliding, Hang-gliders
Online retail store services in relation to the following goods: Virtual goods, That is Optical items and instruments, Cases and covers for optical goods
Online retail store services, in relation to the following goods: Virtual goods, namely stationery, Office requisites of paper, Writing implements, Drawing instruments, Office requisites (except furniture), Writing books, appointment books, note books, Albums, Empty pencil cases and filled cases/filled and empty cases
Online retail store services in relation to the following goods: Virtual goods, Namely luggage, Trolley suitcases, Bags, wallets, backpacks and Portable containers, Umbrellas
Online retail store services in relation to the following goods: Virtual goods, That is Clothing, footwear, headgear, Sportswear, Underwear
Online retail store services in relation to the following goods: Virtual goods, Namely protective padding for sports, winter sports equipment, Games, roller-skates, skate boards, Wings and parachutes for paragliding, Hang-gliders.
The mark was filed in class 41 with entertainment services, namely, providing on-line, non-downloadable files of virtual consumer goods for use in virtual environments For entertainment purposes.