The trademark GAME BOY was filed by Nintendo Co., Ltd., a corporation established under the laws of Japan (the "Applicant"). The application was published for oppositions on July 18, 1999, and received one opposition filed on October 17, 1999 by null on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 17, 1999
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Two renewals of the trademark were recorded, one on September 28, 2008, and the other one on July 16, 2018.
Change of name and address of the trademark registration was recorded on July 3, 2001. Change of name and professional address of the trademark registration was recorded on March 24, 2006. Change of name and professional address of the trademark registration was recorded on November 11, 2010. Change of name and address of the trademark registration was recorded on January 27, 2011. Change of name and professional address of the trademark registration was recorded on November 22, 2011. Change of name and professional address of the trademark registration was recorded on August 9, 2012. Change of name and address of the trademark registration was recorded on August 12, 2012. Change of name and address of the trademark registration was recorded on October 17, 2012. Change of name and professional address of the trademark registration was recorded on October 21, 2013.
The application claimed as seniority of the Republic of Austria trademark null registered on December 4, 1989 which was accepted by the office.
Goods And Services
The mark was filed in class 9 with Cameras, television game sets, memory cartridges for television game sets, disks (including magnetic disks & optical disks) for television game sets, video game apparatus, amusement apparatus, controllers for the aforesaid game sets & apparatus, joy sticks for the aforesaid game sets & apparatus, computer programs, memory cartridges, disks (including magnetic disks, optical-magnetic disks & optical disks), floppy disks, IC-cards (Integrated Circuit-cards), electronic circuits, microchips, semi-conductor memories, magnetic tapes, magnetic cards, cassettes, and those carrying computer programs sound & video records (including sound & video CDs), passometers & pedometers, vending machines (automatic distribution machines), television receivers, audio/video recording/reproducing apparatus, portable audio/video recording/reproducing apparatus, screen saver/screen saver program, memory cartridge for hand-held games, parts & fittings for all the aforesaid goods.
The mark was filed in class 16 with Printed-matter (including magazines, newspapers, books catalogues, pamphlets), playing cards (including playing cards, Japanese playing cards), paper, paper containers, stationery, calligraphy & paintings, table clothes of paper, paper napkins/streamer of paper, flags of paper, handkerchiefs of paper, photographs, pastes & adhesive for office/household purposes, duplicators, household film for wrapping foodstuffs, patterns for dressmaking/patterns for making clothes, babies' diapers of paper, paper crafts, labels with adhesive/labels for transcribing pattern (laminate seals), photograph stands, addressing machines, printers' reglets, inking ribbons for printers, electric staplers for office, drawing instruments/drawing material, painters' brushes, typewriters, paper shredders, sealing wax, indoor aquaria and their accessories.
The mark was filed in class 28 with Toy cameras, toy printers, hand-held games, toys, dolls, games & playthings, controller and joy sticks for the aforesaid goods, "GO" game equipment, chess games, Japanese chess, conjuring apparatus, mahjong equipment, sporting & gymnastic goods, fishing tackle, toys and/or dolls attached to keyholders, parts & fittings for the aforesaid goods.