The trademark EYE OF ATUM 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 November 30, 2021, and received one opposition filed on February 13, 2022 by adp Merkur GmbH on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by Kohl, Valentine and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 13, 2022
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 R2159/2023-4 was Opposition partially rejected according to Article 8(1)(b) EUTMR with decision issued on June 16, 2024 by the EUIPO. The Opposition with reference B 003164081 was partially refused EUTMA/IR according to Article 8(1)(a) EUTMR with decision issued on September 4, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer games and video games (apps and software), hereunder apps and software for slot machine games, betting and wagering games, video slot games, casino games, games of chance and bingo 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
Apps and software for games with monetary or non-monetary prizes
Software for slot machine games, betting and wagering games, video slot games, casino games, games of chance and bingo 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.
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, casino games, games of chance, games with monetary or non-monetary prizes and bingo 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