EUTM file information

007202732

OXYGEN


August 28, 2008

Trademark Summary

The trademark OXYGEN was filed by Oxygen Interactive Software Ltd, a corporation established under the laws of the United Kingdom of Great Britain and Northern Ireland (the "Applicant"). The application was published for oppositions on January 25, 2009, and received undefined oppositions.

Opposition Proceedings

There are undefined Oppositions claimed against trademark.

The first opposition filed on April 26, 2009 by IGT Germany Gaming GmbH on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by Herlitz, Armin and its proceedings were handled in English The second opposition filed on April 23, 2009 by O2 Holdings, LLC on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by MAUCHER JENKINS and its proceedings were handled in English The third opposition filed on April 22, 2009 by OXYGEN A/S 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. the opponent was represented by AWA DENMARK A/S and its proceedings were handled in English

The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).

Change of name and professional address of the trademark registration was recorded on April 5, 2009. Deletion of the representative of the trademark registration was recorded on June 20, 2011.

The Opposition with reference B 001509895 was refused according to Article 8(1)(b) CTMR with decision issued on November 27, 2011 by the EUIPO.


Goods And Services

  • The mark was filed in class 9 with following description of goods:
    1. Electronic games
    2. Computer games and interactive computer games
    3. Computer game software
    4. Downloadable computer games
    5. User and instruction manuals for the aforesaid in electronic format All the aforesaid goods being for entertainment purposes, and none being coin-operated or prize-generating gaming machines.
  • The mark was filed in class 16 with Printed matter and user and instruction manuals, all relating to computer games and computer game software All the aforesaid goods being for entertainment purposes, and none being coin-operated or prize-generating gaming machines..
  • The mark was filed in class 28 with Electronic game apparatus All the aforesaid goods being for entertainment purposes, and none being coin-operated or prize-generating gaming machines.