018039443

Mack Magic Moments

March 19, 2019

Trademark Summary

The trademark Mack Magic Moments was filed by Mack Media & Brands GmbH & Co KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on April 7, 2019, and received one opposition filed on July 7, 2019 by Apple Inc. on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by LOCKE LORD LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 7, 2019

The application was filed in German, and German 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 September 5, 2019.

Goods And Services

• The mark was filed in class 9 with following description of goods:
  
  1. Pre-recorded videos
  2. Downloadable comic strips
  3. Magnets
  4. Decorative refrigerator magnets
  5. Decorative magnets
  6. Sunglasses
  7. Talking books
  8. Pre-recorded DVDs
  9. Animated cartoons in the form of cinematographic films
  10. Downloadable image files
  11. Downloadable movies
  12. Prerecorded motion picture videos
  13. Pre-recorded video compact discs
  14. Interactive DVDs
  15. Decorative magnets in the shape of animals
  16. Virtual reality models
  17. Media content
  18. Animated cartoons
  19. Cinematographic films
  20. Cases for sunglasses
  21. Prerecorded CD-Is
  22. Downloadable sound recordings
  23. Audio books
  24. Prerecorded CD-ROMs
  25. Downloadable video recordings.
• The mark was filed in class 14 with following description of goods:
  
  1. Clocks
  2. Cases for clock- and watchmaking
  3. Watch bands
  4. Gemstones, pearls and precious metals, and imitations thereof
  5. Jewellery boxes and watch boxes
  6. Key rings and key chains, and charms therefor
  7. Jewellery.
• The mark was filed in class 16 with following description of goods:
  
  1. Comic strips
  2. Diaries
  3. Ball pens
  4. Pocket books [stationery]
  5. Periodicals
  6. Posters
  7. Postage stamps
  8. Stationery
  9. Books
  10. Cabinets for stationery [office requisites]
  11. Color pencils
  12. Postcards
  13. Stamp albums
  14. Magazines featuring video and computer games
  15. 3D decals for use on any surface
  16. Books for children
  17. Colouring books
  18. Transfers [decalcomanias]
  19. School supplies [stationery]
  20. Memorandum books
  21. Pens
  22. Novels
  23. Office binders
  24. Printed transfers for embroidery or fabric appliqués
  25. Self-adhesive tapes for stationery use
  26. Printed periodicals in the field of movies
  27. Drawing paper
  28. Rubber erasers
  29. Paper tissues
  30. Paper folders
  31. Stickers [stationery]
  32. Drawing sets
  33. Children's books incorporating an audio component
  34. Magazine supplements for newspapers
  35. Writing paper
  36. Comics
  37. Bookmarkers
  38. Newspaper comic strips
  39. Pencil sharpeners
  40. Pencil boxes
  41. Drawing books
  42. Greeting cards
  43. Holiday cards
  44. Graphic novels
  45. Paint boxes and brushes
  46. Stickers [decalcomanias]
  47. Folders [stationery]
  48. Thumbtacks [stationery]
  49. Caricatures
  50. Flyers
  51. Pads [stationery]
  52. Pencil sets
  53. Calendars
  54. Rulers
  55. Gift wrap paper
  56. Printed promotional material
  57. Posters made of paper.
• The mark was filed in class 18 with following description of goods:
  
  1. Beach bags
  2. Portmanteaus
  3. Luggage, bags, wallets and other carriers
  4. Shopping bags
  5. Music bags
  6. School bags
  7. Key cases
  8. Gym bags
  9. Umbrellas and parasols
  10. Bucket bags
  11. Luggage tags
  12. Handbags
  13. Travelling bags
  14. Toiletry bags
  15. Pocket wallets
  16. Book bags
  17. Rucksacks
  18. Small rucksacks
  19. Belt bags and hip bags
  20. Holders in the nature of cases for keys.
• The mark was filed in class 21 with following description of goods:
  
  1. Eyeglass cleaning cloths
  2. Statues, figurines, plaques and works of art, made of materials such as porcelain, terra-cotta or glass, included in the class
  3. Cosmetic and toilet utensils
  4. Drinking vessels
  5. Tableware, cookware and containers
  6. Toothbrushes, electric
  7. Mugs made of ceramic materials
  8. Towel racks
  9. Tankards
  10. Cups made of plastics
  11. Glasses [drinking vessels]
  12. Straws for drinking
  13. Cups, not of precious metal
  14. Containers for dentifrices
  15. Drinking bottles
  16. Mugs of precious metal
  17. Travel mugs.
• The mark was filed in class 25 with following description of goods:
  
  1. Costumes for use in children's dress up play
  2. Footwear
  3. Printed t-shirts
  4. Clothing
  5. Swim wear for children
  6. Swim wear for gentlemen and ladies
  7. Headgear
  8. Costumes
  9. Scarves
  10. Gloves [clothing].
• The mark was filed in class 28 with following description of goods:
  
  1. Electronic games
  2. Sailboards
  3. Electronic educational game machines for children
  4. Inflatable bath toys
  5. Playing cards
  6. Magicians' sets (play things)
  7. Swimming kick boards
  8. Electronic educational teaching games
  9. Sand toys
  10. Rubber balls
  11. Amusement park rides
  12. Fairground and playground apparatus
  13. Costumes being childrens playthings
  14. Waterslides
  15. Inflatable inner tubes for aquatic recreational use
  16. Mascot dolls
  17. Ring buoys for recreational use
  18. Play mats for use with toy vehicles
  19. Carnival masks
  20. Water slides [play apparatus]
  21. Toys, games, playthings and novelties
  22. Children's playthings
  23. Bathtub toys
  24. Plush toys
  25. Water toys
  26. Theme park rides
  27. Sporting articles and equipment
  28. Hand puppets
  29. Swimming floats for recreational use
  30. Inflatable toys in the form of boats
  31. Plush toys with attached comfort blanket
  32. Inflatable games for swimming pools
  33. Swimming pools [play articles]
  34. Toy musical instruments
  35. Parlour games
  36. Video game apparatus
  37. Puzzles
  38. Manipulative games
  39. Stuffed toys
  40. Costume masks
  41. Board games
  42. Puppets
  43. Cases for toy vehicles
  44. Soap bubbles [toys]
  45. Toy boats
  46. Inflatable swimming pools [play articles]
  47. Festive decorations and artificial Christmas trees
  48. Water pistols
  49. Toy vehicle tracks
  50. Toy cars
  51. Beach balls
  52. Swimming pool air floats
  53. Water wings.
• The mark was filed in class 41 with following description of goods:
  
  1. Amusement and theme park services
  2. Entertainment in the nature of an amusement park ride
  3. Video and DVD film production
  4. Providing water slides for recreational purposes
  5. Amusement park services with a theme of films
  6. Composition of music for others
  7. Development of formats for films
  8. Water chute complex operation
  9. Providing online non-downloadable comic books and graphic novels
  10. Special effects animation services for film and video
  11. Production of graphical cine-film clips
  12. Recording studio services for films
  13. Production of television and cinema films
  14. Animation production services
  15. Publication of printed matter
  16. Post-production editing services in the field of music, videos and film
  17. Production of television films
  18. Creating animated cartoons
  19. Dubbing
  20. Services for the production of cine-films
  21. Production of animated programmes for use on television and cable
  22. Music composition services
  23. Recording, film, video and television studio services
  24. Consultancy on film and music production
  25. Cinematographic adaptation and editing
  26. Audio, video and multimedia production, and photography
  27. Recording services
  28. Production of animated and live action programmes
  29. Providing waterpark services
  30. Audio and video editing services
  31. Services in the production of animated motion pictures and television features
  32. Services in the production of animated motion picture entertainment
  33. Providing multi-media entertainment via a website.