RESPONSE AFTER NON-FINAL ACTION - ENTERED
final action
on 29 Mar 2024
Last Applicant/ Owned by
Rheinlanddamm 207-209
Dortmund
DE
44137
Serial Number
79366010 filed on 08th Dec 2022
Registration Number
N/A
Correspondent Address
Christopher M. Thomas
Filing Basis
1. filing basis filed as 66 a
Disclaimer
NO DATA
BORUSSIA DORTMUND
Design and development of computer hardware and software; graphic design services; IT consultancy, advisory and information services relating to installation, maintenance and repair of computer software; hosting services for websites; Software as a Service (SAAS) services featuring software for streaming, recording, editing, displaying, and sharing multimedia content; Software as a Service (SAAS) Read More
Classification Information
Class [042]
Computer & Software Services & Scientific Services
Design and development of computer hardware and software; graphic design services; IT consultancy, advisory and information services relating to installation, maintenance and repair of computer software; hosting services for websites; Software as a Service (SAAS) services featuring software for streaming, recording, editing, displaying, and sharing multimedia content; Software as a Service (SAAS) services featuring software for data virtualization, Software as a Service (SAAS) services featuring software that allows users to experience virtual reality (VR), augmented reality (AR) and mixed reality visualization, manipulation and immersion; Software as a Service (SAAS) services featuring software for developing and designing computer games; Software as a Service (SAAS) services featuring software for developing, programming and designing NFTs, virtual goods and digital tokens; Rental of software for streaming, recording, editing, displaying, and sharing multimedia content; Rental of software for data virtualization; Rental of software that allows users to experience virtual reality (VR), augmented reality (AR) and mixed reality visualization, manipulation and immersion; Rental of software for use in the development and design of computer games; Rental of software for use in the development, programming and design of NFTs, virtual goods and digital tokens; IT security services in the nature of protection and recovery of computer data; providing search engines for the internet; IT services, namely, hosting a website featuring an online virtual multimedia environment and other digital content; design and development of computer game software, multimedia and virtualization software, virtual reality (VR), augmented reality (AR) and mixed reality software; development and design services for computer games software; development, programming and design services for NFTs, virtual goods and digital token; providing temporary use of online non-downloadable software development tools; development and design services in connection with augmented and virtual reality software as well as mixed reality software; creation of programmes being software for data processing featuring content creation for virtual worlds and three-dimensional platforms; graphic design, including graphic arts design; IT services, namely, hosting of websites for online discussions and blogs, sharing online content, new pre-recorded media and online web links to other websites; website design; website design consultancy; development, programming, implementation and provision of non-downloadable computer software for use in the creation and publication of online journals and blogs for temporary use; providing online non-downloadable software for use in digital asset management; scientific and technological services, namely, research and design in the field of virtual and augmented reality, blockchain technology, computer games, NFTs, virtual goods and digital tokens; Computer software and hardware testing, authentication and quality control; electronic storage of information and data, including digital media, digital files, media content, creative works, virtual collectible goods, recordings of sports and e-sports competitions and clips from video games; development, updating and provision of online non-downloadable, temporarily usable computer software for use in electronically trading, storing, sending, receiving, accepting and transmitting digital assets including blockchain tokens, digital tokens, non-fungible tokens (NFTs), digital media, digital files, media content, creative works, virtual collectible goods, recordings of sports and e-sports competitions and clips from video games; Provision of online, non-downloadable files and computer programs for managing virtual goods created with blockchain-based Software technology and smart contracts, Blockchain as a Service (BAAS) Services featuring software for electronically trading, storing, sending, receiving, accepting and transmitting digital currency using blockchain technology; electronic data storage and authentication of data in the field of digital media, digital files, media content, creative works, virtual collectible goods, recordings of sports and e-sports competitions and clips from video games using blockchain technology; provision of information and advice relating to the aforesaid services, included in this class
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [041]
Education and Entertainment Services
Teaching in the field of sports, soccer, virtual sports, athletic competition, physical fitness, and gaming; providing instruction in the field of sports, soccer, virtual sports, athletic competition, physical fitness, and gaming; training in the field of sports, soccer, virtual sports, athletic competition, physical fitness, and gaming; entertainment services in the nature of production and post-production services of multimedia entertainment content in the field of sports, soccer, virtual sports, athletic competition, physical fitness, and gaming; organizing community cultural activities for educational or entertainment purposes; organizing community sporting activities; Publishing, reporting and writing of texts, other than for advertising purposes, featuring commentary, advice and information in the fields of sport, e-sports services, timing of sports events, training services provided via simulators, and fitness; ticket reservation and booking services for education, entertainment and sports activities and events; Interactive entertainment services, namely, providing temporary use of non-downloadable interactive games; providing of interactive online multiplayer computer games via the internet and electronic communications networks; Organization, arranging and conducting of sports competitions, sports refereeing and officiating, timing of sports events, gaming competitions, virtual sports competitions and games, namely, soccer, e-sports competitions and competitions for players of video, computer, electronic and interactive multimedia games, including via the internet; providing online electronic publications, not downloadable, in the nature of books, periodicals, articles, manuals, magazines, journals, newsletters, and photo books in the field of games, gaming, sports, soccer and soccer-related events and activities; publication of printed matter in electronic form, including via the internet; arranging and conducting competitions for video gamers and computer game players; entertainment services, namely, audio, video and multimedia production and photography; open-access publishing services, namely, publication of electronic data, Information, images, texts and news in the form of articles, online journals, magazines, blogs; entertainment and education services, namely, news programming services in the nature of the provision of continuing programs featuring news delivered by the internet; entertainment services, namely, providing online, non-downloadable virtual goods and media in the nature of artwork, footwear, clothing, headwear, bags, backpacks, masks, jewelry, sports equipment, digital art images, avatars, digital art image overlays, character skins, art, toys, and trading cards for use in virtual environments created for entertainment purposes; entertainment services, namely, providing virtual environments in which users can interact for recreational or entertainment purposes; organising, arranging and conducting of social entertainment, sporting, arts and cultural events; production of virtual reality films; digital video, audio and multimedia entertainment publishing services; Organization of exhibitions of digital art and creative works in the field of sport for entertainment or education purposes; all aforesaid services in particular also made available via online virtual worlds, web3, and metaverse environments
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [035]
Advertising, Business & Retail Services
Advertising, marketing and sales promotion services, including event marketing, in particular on the web3 and in virtual worlds (metaverse); business operation, organisation and administration of businesses for others; auctioneering services, including auctions of non-fungible tokens (NFTs); retail store services, including via the internet and on the web3, featuring information technology and audio-visual, multimedia and photographic devices, magnets, optical devices, jewellery, time instruments, key rings and key chains, and charms therefor, decorative and printed matter, stationery and teaching materials, office requisites, writing instruments, paper and cardboard, posters, paper cards, umbrellas and parasols, luggage, bags, wallets and other carrying containers, utensils and containers for household or kitchen use, cookware and tableware, glasses, drinking vessels, barware, glassware, porcelain and earthenware, vases, cosmetics, hygiene and beauty care utensils, furniture and furnishings, utensils for household purposes, textile articles, lace trimmings, beverages, alcoholic beverages, foodstuffs, clothing, footwear, headgear, sporting articles and equipment, novelty toys for parties and festive decorations, toys, games and playthings, interactive gaming chairs, electric and electronic games and accessories, joysticks, game consoles, online games, computer peripherals devices, computers and computer hardware, software, video, audio and image files, audio-visual headsets for playing video games, virtual reality headsets, virtual reality glasses; retail store services, including via the internet and on the web3, featuring digital assets, digital collectibles, blockchain token, digital tokens, non-fungible tokens (NFTs), digital goods, including digital media, digital files, media content, recorded content, artistic and creative works, including virtual works, virtual collectibles, and virtual goods and merchandise, in particular avatars, clothing, pets, vehicles, tools, sports equipment, toys, accessories, access keys and weapons for use in online virtual worlds; retail store services, including via the internet and on the web3, featuring digital art and creative works in the field of sport and e-sport; providing an online marketplace for buyers and sellers of digital assets, digital collectibles, blockchain token, digital tokens, non-fungible tokens (NFTs), digital goods, including digital media, digital files, media content, recorded content, artistic and creative works, including virtual works, virtual collectibles, and virtual goods and merchandise, in particular avatars, clothing, pets, vehicles, tools, sports equipment, toys, accessories, access keys and weapons for use in online virtual worlds; providing digital collector services, namely, providing an online marketplace for buyers and sellers of digital collectibles to facilitate transactions and registration Services using blockchain-based Software technology and smart contracts
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [009]
Computer & Software Products & Electrical & Scientific Products
Recorded and downloadable media, namely, music files, image files featuring artwork and graphic designs, images featuring photography, audio files and video files relating to gaming, sports, athletes, soccer and soccer-related events and activities, football, and fitness, animated cartoons, data sets in the field of sports statistics, emoticons, computer graphics; downloadable and recorded computer software for streaming audio-visual and multimedia content via the internet and global communications networks; downloadable and recorded computer software for displaying information relating to soccer exhibitions, soccer schedules, soccer match results, soccer teams, soccer players and media guides, audio and visual recordings relating to soccer matches; blank digital and analogue recording and storage media, namely, blank record and optical disks, magnetic data carriers, USB flash drives, magnetic data disks; pre-recorded media content, namely, record discs, optical discs, magnetic data carriers, USB flash drives, magnetic data disks, and digital media devices, featuring audio files, video recordings, multimedia files, and image files relating to gaming, sports, athletes, soccer and soccer-related events and activities, football, and fitness, images featuring photography, animated cartoons, data sets in the field of sports statistics, emoticons, computer graphics; downloadable and recorded software, in particular computer game software, Software programs for video games; downloadable and recorded application software for creating, viewing, editing, modifying, purchasing, selling and transferring non-fungible tokens (NFTs); downloadable and recorded interactive game software; downloadable and recorded software for operating blockchain applications and metaverse applications (web3) ; downloadable and recorded mobile applications for use as electronic wallets for storing virtual currency, tokens, non-fungible token (NTF) cards, photo cards, and multimedia files using blockchain technology; downloadable and recorded Computer programs for interactive television, for interactive games and interactive competitions; downloadable and recorded software for accessing entertainment content; downloadable and recorded virtual reality, augmented reality and mixed reality software for streaming audiovisual and multimedia content, playing computer games, providing training in the fields of sports, athletic competition, physical fitness, gaming, television and radio broadcasting, filming and editing of video content; downloadable and recorded software for multi-user access to an online virtual environment; downloadable computer games; downloadable and recorded computer software for creating, editing and participating in virtual environments; downloadable and recorded software for use in the development of video games, film productions, television productions, video productions and 3D animations, simulations and visualizations; downloadable and recorded software development tools for creating computer-generated images and graphics for multimedia content; downloadable and recorded computer operating system and system support software, and firmware; downloadable and recorded utility, security and cryptography software; downloadable newsletters, books, brochures, periodicals, reports, magazines, journals and manuals featuring information relating to games and gaming; downloadable video, audio and image files featuring text, music, graphics, photographs and animated graphics (GIFs) relating to sports, football, soccer and fitness; electronic publications, downloadable, in the nature of books, periodicals, articles, manuals, magazines, journals, newsletters, and photo books in the fields of current event news, sports, athletes, entertainment, games, gaming, soccer and soccer-related events and activities; downloadable digital media and recorded media, namely, multimedia files containing images, videos and audio files relating to sports, football, soccer and fitness; downloadable and recorded virtual goods, namely, digital collectibles in the nature of image files of avatars, clothing, vehicles, tools, Sports equipment, and toys for use online, in online virtual worlds and virtual environments created for entertainment purposes; hologram apparatus; recorded content including recorded data relating to virtual reality (VR), augmented reality (AR) and mixed reality, electronic databases, and recorded media, namely, music files, image files, images featuring photography, audio files, video files, animated cartoons, data sets, emoticons, graphics; downloadable digital data and image files being artwork and images featuring photography, graphic art, animation; downloadable computer software featuring digital trading cards; downloadable comics; downloadable podcasts in the field of games, gaming, sports, fitness, soccer and soccer-related events and activities; downloadable talking books in the field of games, gaming, sports, fitness, soccer and soccer-related events and activities; downloadable animated cartoons; downloadable music files; downloadable computer software for creating, managing, storing, accessing, sending, receiving, exchanging, validating and selling digital assets, digital collectibles, digital tokens, non-fungible tokens (NFTs), virtual goods, cryptocurrencies and virtual currencies; recorded and downloadable software for management of digital assets, namely, digital tokens, cryptocurrency tokens, non-fungible tokens (NFTs) authenticated downloadable digital data files, cryptocurrency e-wallets and downloadable digital data files being digital collectibles, digital artistic and creative works, and digital content; downloadable and recorded computer software for managing and validating cryptocurrency and non-fungible tokens (NFTs) transactions using blockchain-based smart contracts; apparatus for recording, transmission or reproduction of sound, images or data; information technology, audio-visual, multimedia and photographic devices, namely, audiovisual headsets for playing video games, virtual reality headsets, virtual reality glasses, virtual reality (VR) motion simulators; scientific, research, navigational, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signaling, detection, testing, inspecting, rescue and teaching apparatus and instruments, namely, audiovisual teaching apparatus, namely, apparatus for recording, transmitting, processing and reproducing sound, images or data for use in teaching soccer and fitness skills, computer hardware and downloadable software-based electronic sports and fitness training simulators, data processing apparatus, sound recording apparatus, sound transmitting apparatus; apparatus and instruments for conducting, switching, transforming, storing, regulating or Controlling the distribution or the use of electrical current; computers and computer peripherals; computer peripheral devices; diving suits, divers' masks; ear plugs for divers; nose clips for divers and swimmers; gloves for divers; breathing apparatus for underwater swimming; fire extinguishers
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [001]
Chemical Products
Chemicals used in industry, Science and photography, as well as in agriculture, horticulture and forestry, except fungicides, herbicides, insecticides and parasiticides; fire extinguishing and prevention compositions; glaziers' putties and other paste fillers for automotive body repair; compost, manures, fertilizers; biological preparations for use in industry and science
First Use Date in General
N/A
First Use Date in Commerce
N/A
Mark Details
Serial Number
No 79366010
Mark Type
No Service Mark
Attorney Docket Number
No 31047-00010
44D Filed
No
44D Current
No
44E filed
No
44E Current
No
66A Filed
Yes
66A Current
Yes
Current Basis
No
No Basis
No
Legal History
| Status Date | Action Taken |
|---|---|
| 08th Sep 2024 | NOTIFICATION OF POSSIBLE OPPOSITION - PROCESSED BY IB |
| 21st Aug 2024 | NOTIFICATION OF POSSIBLE OPPOSITION CREATED, TO BE SENT TO IB |
| 21st Aug 2024 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| 29th Mar 2024 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| 29th Mar 2024 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| 29th Mar 2024 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| 25th Oct 2023 | REFUSAL PROCESSED BY IB |
| 03rd Oct 2023 | REFUSAL PROCESSED BY MPU |
| 03rd Oct 2023 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| 21st Sep 2023 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |