The trademark GAME OF GLADIATORS was filed by Play'n GO Marks Ltd, a corporation established under the laws of the Republic of Malta (the "Applicant"). The application was published for oppositions on February 19, 2019, and received one opposition filed on March 5, 2019 by adp Merkur GmbH on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by Schröder, Wolfgang and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 5, 2019
The application was filed in Swedish, and Swedish was also language of all opposition proceedings (English was selected as the second language).
Change of name and address of the trademark registration was recorded on June 13, 2022. Appointment and Replacement of representative of the trademark registration was recorded on October 22, 2023.
The Appeal with reference B R2289/2020-4 was Opposition rejected according to Article 8(1)(b) EUTMR with decision issued on April 10, 2022 by the EUIPO. The Opposition with reference B 003077642 was rejected according to Article 8(1)(b) EUTMR with decision issued on November 10, 2020 by the EUIPO. The null with reference B T-350/22 was Decision confirmed according to Article 47(2) EUTMR with decision issued on September 5, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 9 with 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, on cruise ships and other physical casino locations and software for slot machine games, betting and wagering games, video slot games and casino games provided online and via computer net-works and playable on any type of computing device including arcade games, personal computers and handheld devices, on cruise ships and other physical casino locations..
The mark was filed in class 28 with following description of goods:
Videogaming apparatus, hereunder slot machines for gambling, gaming machines, poker machines and other video based casino gaming machines
Arcade games
Gaming machines, namely, de-vices that accept a wager
Reconfigurable casino and lottery gam-ing equipment, hereunder gaming machines including computer games and software therefor sold as a unit.
The mark was filed in class 41 with following description of goods:
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
On-line gaming services
Entertainment services, namely, conducting a game of chance simultaneously at multiple, independent gaming establishments
Entertainment services, hereunder providing on-line computer games
Prize draws [lotteries]
Organising and conducting lotteries
All the foregoing excluding arranging sports events and televised entertainment.