The trademark MACK PUBLISHING 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 26, 2019, and received one opposition filed on July 26, 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 26, 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 6, 2019.
Goods And Services
The mark was filed in class 9 with following description of goods:
Pre-recorded videos
Downloadable comic strips
Magnets
Decorative refrigerator magnets
Pre-recorded video compact discs
Interactive DVDs
Media content
Animated cartoons
Downloadable sound recordings
Prerecorded CD-Is
Decorative magnets
Sunglasses
Talking books
Pre-recorded DVDs
Animated cartoons in the form of cinematographic films
Downloadable image files
Downloadable movies
Prerecorded motion picture videos
Decorative magnets in the shape of animals
Cinematographic films
Cases for sunglasses
Prerecorded CD-ROMs
Audio books
Downloadable video recordings.
The mark was filed in class 16 with following description of goods:
Comic strips
Diaries
Ball pens
Pocket books [stationery]
Periodicals
Posters
Postage stamps
Stationery
Books
Cabinets for stationery [office requisites]
Color pencils
Postcards
Stamp albums
Magazines featuring video and computer games
3D decals for use on any surface
Books for children
Colouring books
Transfers [decalcomanias]
School supplies [stationery]
Memorandum books
Pens
Novels
Office binders
Printed transfers for embroidery or fabric appliqués
Self-adhesive tapes for stationery use
Printed periodicals in the field of movies
Drawing paper
Rubber erasers
Paper tissues
Paper folders
Stickers [stationery]
Drawing sets
Children's books incorporating an audio component
Magazine supplements for newspapers
Writing paper
Comics
Bookmarkers
Newspaper comic strips
Pencil sharpeners
Pencil boxes
Drawing books
Greeting cards
Holiday cards
Graphic novels
Paint boxes and brushes
Stickers [decalcomanias]
Folders [stationery]
Thumbtacks [stationery]
Caricatures
Flyers
Pads [stationery]
Pencil sets
Calendars
Rulers
Gift wrap paper
Printed promotional material
Posters made of paper.
The mark was filed in class 41 with following description of goods:
Providing electronic publications
Amusement and theme park services
Live entertainment
Live entertainment production services
Providing online nondownloadable comic books and graphic novels
Publication of printed matter, also in electronic form, except for advertising purposes