The trademark KALEIDOSCOPE was filed by ASSO s.r.l., 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 16, 2023 by Kaleidoscope Solutions Limited on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by WITHERS & ROGERS LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 16, 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 16 with following description of goods:
Journals
Magazines [periodicals]
Printed matter
Books
Paper and cardboard
Decoration and art materials and media
Works of art and figurines of paper and cardboard, and architects' models
Printed matter, and stationery and educational supplies
Graphic prints
Pictures
Works of art made of paper
Graphic reproductions
Graphic representations
Portraits
Paper cuttings
Art prints
Graphic art prints
Figurines made from paper
Appliqués of paper
Canvas prints
Writing or drawing books
Carrier bags
Gift wrap paper
Gift packaging
Padding materials of paper or cardboard
Paper ribbons, other than haberdashery or hair decorations
Stickers [decalcomanias]
Diaries
Almanacs
Sketchbooks
Printing and bookbinding equipment
Writing stationery
Office requisites, except furniture
Tickets
Writing and stamping implements
Stickers [stationery]
Visiting cards
Invitation cards
Entry tickets
Pads [stationery]
Illustrated wall maps
Paper stationery
Postcards
Catalogues
Collages
File covers
Newsletters
Dictionaries
Newspapers
Periodicals
Printed books, magazines, newspapers, and other paper-based media
Daily newspaper
Cookery books
Promotional publications
Albums
Printed coupons
Coupons
Gums [adhesives] for stationery or household purposes
Paper
Industrial paper and cardboard
Graphic art reproductions
Papers for use in the graphic arts industry
Posters made of paper
Poster magazines
Posters
Photographs [printed]
Pocket notebooks
Comic strips
Prospectuses
Printed publications
Printed advertisements.
The mark was filed in class 25 with following description of goods:
Clothing
Waist belts
Stockings
Jerseys [clothing]
Jackets [clothing]
Hats
Shoes
Bandanas [neckerchiefs].
The mark was filed in class 35 with following description of goods:
Online retailing in relation to the following goods: Perfumery and Cosmetics, Clothing, footwear, headgear, Optical goods, jewelry and watches, Stationery and writing instruments, leatherware, namely bags, card holders, Wallets, key cases, Purses, Luggage, back packs and rucksacks, Briefcases, Boxes, straps, Leads
Provision of an online marketplace and registry for buyers and sellers of digital assets, digital collectibles, digital tokens and non-fungible tokens (NFTs), digital assets and digital collectibles sold as non-fungible tokens (NFTs)
Event marketing
Business consulting in the field of fashion and design
Merchandising
Retail services connected with the sale of clothing and clothing accessories
Arranging and conducting of promotional events
Marketing
Retail and online services in relation to the following goods: Vouchers of value, That is Gift certificates and coupons, Digital value representations or rights, The aforesaid goods for use in online virtual worlds and computer games and Goods protected by non-fungible tokens (NFTs), That is Digital goods, Namely perfumery and Cosmetics, Clothing, footwear, headgear, Optical goods, Watches and Jewelry, Stationery and Writing instruments.
The mark was filed in class 41 with following description of goods:
Teaching, namely conducting classes, conducting of seminars, Conducting of conferences, Conducting of workshops (training) in relation to the followings fields: fashion design and Interior design
Education and educational services, providing of apprenticeship and traineeships in relation to the followings fields: fashion
Training courses for strategic planning relating to advertising, promotion, marketing, business affairs in relation to the followings fields: fashion
Entertainment services, namely, fashion shows
Organising displays and Conducting of exhibitions For entertainment purposes in relation to the followings fields: fashion
Services for the production of radio programmes and Television production, in relation to the followings fields: fashion
Entertainment services, namely Social club services in relation to the followings fields: fashion
Presentation of live performances, in relation to the followings fields: fashion
Entertainment services, namely, providing on-line the following non-downloadable virtual goods: Perfumery and Cosmetics, Optical goods, Jewellery and watches, Bags, Purses, Belts, Foot wear, Clothing and Headwear, the aforesaid goods for use in virtual environments
Entertainment activities, Sporting activities, Artistic activities and Cultural activities
Organizing, arranging and conducting of entertainment, sporting, arts and cultural events
Entertainment services
Providing temporary use of non-downloadable virtual goods created with blockchain-based software technology and smart contracts, in the nature of perfumery and cosmetics, eyewear, jewelry and watches, bags, purses, belts, footwear, clothing and headwear
Entertainment services in the nature of organizing social entertainment events
Artistic direction of performing artists
Artistic management of theatre shows
Artistic management of music venues
Arranging and conducting of concerts
Publishing and reporting
Publishing services carried out by computerised means
Electronic text publishing services
Publishing services for books and magazines
Entertainment services, namely, providing on-line, non-downloadable files of virtual consumer goods for use in virtual environments For entertainment purposes.