The trademark DIVING FASHION KING OF ALL SEAS was filed by Petr Macinský, a national of the Czech Republic (the "Applicant"). The application was published for oppositions on November 14, 2023, and received one opposition filed on February 14, 2024 by Wargaming.net Limited on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by WIGGIN LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 14, 2024
The application was filed in Czech, and Czech was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Web-based applications, in relation to the following fields: Diving services and sport
Applications for portable telephones, in relation to the following fields: Diving services and sport
Internet platforms for mobile phones, in relation to the following fields: Diving services and sport
Software
Diving equipment
Diving suits
Diving equipment
The aforesaid goods, not in relation to the following fields: Game software, Video games, E-sports tournaments.
The mark was filed in class 25 with following description of goods:
Clothing
Shoes
Millinery
Sportswear
All the aforesaid goods, not in relation to the following fields: football, computer games, video game, E-sports tournaments.
The mark was filed in class 28 with following description of goods:
Sporting articles and equipment
Sporting and physical exercise equipment
Sports games
All the aforesaid goods, not in relation to the following fields: Football, computer games, Video games, E-sports tournaments.
The mark was filed in class 35 with following description of goods:
Retail services in relation to the following goods: Cloths, Sportswear, Sports equipment, Relating to diving equipment
Wholesale services in relation to the following goods: Cloths, Sportswear, Sports equipment, Relating to diving equipment
Retailing and wholesaling, Via an online shop, in relation to the following goods: Cloths, Sportswear, Sports equipment, Relating to diving equipment
Merchandising
Advertising, in the following fields: Sport
Business administration
Organisation of events for commercial and advertising purposes
Provision of commercial information
Organisation of exhibitions for commercial and advertising purposes
The aforesaid services, not in relation to the following fields: soccer, computer game, Video games or E-sports tournaments.
The mark was filed in class 41 with following description of goods:
Education and instruction services, in relation to the following fields: Sport, Diving and healthy lifestyle
Organisation and holding of diving courses
Sporting activities
Sporting services
Education, training and entertainment
The aforesaid services, not in relation to the following fields: Football, Computer games services, video game or E-sports tournaments.