Decision Nº O/063/21 from Intellectual Property Office - (Trade market), 27 January 2021
| Judge | Ms H Harrison |
| Date | 27 January 2021 |
| Registration Number | UK00003365957 |
| Court | Intellectual Property Office (United Kingdom) |
| Administrative Decision Number | O/063/21 |
O-063-21
TRADE MARKS ACT 1994
IN THE MATTER OF
UK TRADE MARK REGISTRATION NO. 3365957
IN THE NAME OF HONG KONG NETEASE INTERACTIVE ENTERTAINMENT
LIMITED:
Rangers of Oblivion
IN CLASSES 9 AND 41
AND
AN APPLICATION FOR A DECLARATION OF INVALIDITY
UNDER NO. 503025 BY ZENIMAX MEDIA, INC.
Page 2 of 20
Background and pleadings
1. Trade mark registration number 3365957 Rangers of Oblivion (“the contested mark”)
stands registered in the name of Hong Kong NETEASE Interactive Entertainment Limited
(“the proprietor”). The application for the trade mark was filed on 10 January 2019 and
the mark was registered on 3 May 2019 in respect of the following goods and services:
Class 9: Computer game software; Computer game discs; Downloadable
computer game programs; Computer game software downloadable from a global
computer network; Electronic game software for wireless devices; Interactive
multimedia computer game programs; Recorded computer game programs;
Electronic game software for hand-held electronic devices; Virtual reality game
software; Augmented reality game software; Electronic game software for mobile
phones; Animated cartoons; excluding game programs and software for games
principally featuring vehicles.
Class 41: Entertainment services, namely, providing on-line computer games;
Providing computer games that may be accessed via a global computer network;
Providing information on-line relating to computer games and computer
enhancements for games; Electronic games services provided by means of the
internet; Organization of competitions [education or entertainment]; Providing on-
line electronic publications, not downloadable; Providing online entertainment in
the nature of game shows; Game services provided on-line from a computer
network or mobile phone network; Game services provided by means of
communications by computer terminals or mobile telephone; Information relating
to computer gaming entertainment provided online from a computer database or a
global communication network; Providing online virtual reality games; Providing
online augmented reality games; excluding services related to games principally
featuring vehicles.
2. On 7 February 2020, ZeniMax Media, Inc. (“the applicant”) filed an application for a
declaration of invalidity under the provisions of s. 47 and s. 5(2)(b) of the Trade Marks
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