Decision Nº O/786/21 from Intellectual Property Office - (Trade market), 20 October 2021
| Judge | Mr A James |
| Administrative Decision Number | O/786/21 |
| Date | 20 October 2021 |
| Court | Intellectual Property Office (United Kingdom) |
| Registration Number | UK00003311291 |
O/786/21
TRADE MARKS ACT 1994
TRADE MARK APPLICATION No. 3311291
IN THE NAME OF PLAY’N GO MARKS LTD
AND
OPPOSITION No. 413624
BY DREAMWORKS ANIMATION LLC
Page 2 of 46
Background and pleadings
1. On 16th May 2018 (“the relevant date”), Play’n GO Marks Ltd (“the applicant”)
applied to register TROLL HUNTERS as a trade mark in relation to:
Class 9: Computer games and video games (software), hereunder software for
slot machine games, betting and wagering games, video slot games and casino
games provided online and via computer networks and playable on any type of
computing device including arcade games, personal computers, handheld
devices and mobile phones; software for slot machine games, betting and
wagering games, video slot games and casino games provided online and via
computer networks and playable on any type of computing device including
arcade games, personal computers and handheld devices.
Class 28: Videogaming apparatus, hereunder slot machines for gambling,
gaming machines, poker machines and other video based casino gaming
machines; arcade games; gaming machines, namely, devices that accept a
wager; reconfigurable casino and lottery gaming equipment, hereunder gaming
machines including computer games and software therefor sold as a unit.
Class 41: Games services provided online (via computer networks), hereunder
providing slot machine games, betting and wagering games, video slot games
and casino games, playable via local or global computer networks; online
gaming services; entertainment services, namely, conducting a game of
chance simultaneously at multiple, independent gaming establishments;
entertainment services, hereunder providing online computer games; prize
draws [lotteries]; organising and conducting lotteries.
2. The application was accepted and the mark published in the Trade Marks Journal
on 1st June 2018.
3. On 3rd September 2018, DreamWorks Animation LLC, (“the opponent”) opposed
the registration of the applicant’s trade mark. The opponent is the proprietor of the
earlier registered EU trade marks shown below.
Page 3 of 46
Trade mark
Classes
of
goods/
services
Application
date
EU14554026
TROLLS
9, 16, 25,
28 & 41
11th
September
2015
EU14873624
9, 16, 25,
28 & 41
3rd
December
2015
EU16072514
3 & 28
22nd April
2016
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