018032913

LOTS – Das Lotto der Dinge

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March 6, 2019

Trademark Summary

The trademark LOTS – Das Lotto der Dinge was filed by Wag it GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on March 19, 2019, and received one opposition filed on June 13, 2019 by LOTTO SPORT ITALIA S.p.A on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by FELTRINELLI & BROGI and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 13, 2019

The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).

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Goods And Services

• The mark was filed in class 9 with following description of goods:
  
  1. Application software
  2. Downloadable application software for smart phones
  3. Application software for mobile devices
  4. Computer application software for streaming audio-visual media content via the internet
  5. Computer programmes for interactive television and for interactive games and/or quizzes
  6. Interactive entertainment software
  7. Decorative magnets
  8. Flip covers for smart phones
  9. Pre-recorded DVDs
  10. USB flash drives
  11. Mouse pads.
• The mark was filed in class 14 with Key rings [split rings with trinket or decorative fob] and Ornaments [jewellery, jewelry (Am.)]..
• The mark was filed in class 18 with Umbrellas.
• The mark was filed in class 21 with following description of goods:
  
  1. Cups
  2. Beer glasses
  3. Beer mugs
  4. Tumblers
  5. Glasses [drinking vessels]
  6. Bottle openers, electric and non-electric.
• The mark was filed in class 28 with following description of goods:
  
  1. Games
  2. Electronic games
  3. Playing cards
  4. Board games
  5. Manipulative games.
• The mark was filed in class 35 with following description of goods:
  
  1. Promotion services
  2. Providing assistance in the field of product commercialization
  3. Marketing the goods and services of others
  4. On-line advertising and marketing services
  5. Arranging and conducting of marketing events
  6. Services with regard to product presentation to the public
  7. Prize draws (Organising of -) for promotional purposes
  8. Arranging of competitions for advertising purposes
  9. Administration of competitions for advertising purposes
  10. All aforementioned services only with regard to game shows
  11. Development and implementation of marketing strategies for others
  12. Production and distribution of radio and television commercials
  13. Production of infomercials
  14. Production of video recordings for advertising purposes
  15. Production of advertising films
  16. Response advertising
  17. Promotional marketing services using audiovisual media.
• The mark was filed in class 41 with following description of goods:
  
  1. Organisation of quizzes, games and competitions
  2. Conducting of exhibitions for entertainment purposes
  3. Organization of competitions
  4. Organising of shows for entertainment purposes
  5. All aforementioned services only with regard to game shows
  6. Conducting of competitions on the Internet
  7. Arranging of games
  8. Organization of electronic game competitions
  9. Production of live shows
  10. Prize draws [lotteries].