The trademark FLY FOR FUN was filed by GALA INCORPORATED, a corporation established under the laws of Japan (the "Applicant"). The application was published for oppositions on May 12, 2008, and received one opposition filed on May 19, 2008 by adp Merkur GmbH on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Schröder, Wolfgang and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 19, 2008
The application was filed in Finnish, and Finnish was also language of all opposition proceedings (English was selected as the second language).
The renewal of the trademark was recorded by the office on October 16, 2017.
Change of name and professional address of the trademark registration was recorded on May 12, 2008. Change of name and professional address of the trademark registration was recorded on August 26, 2009. Change of name and professional address of the trademark registration was recorded on May 16, 2011. Change of name and professional address of the trademark registration was recorded on May 19, 2011. Change of name and address of the trademark registration was recorded on August 19, 2012. A transfer of the trademark registration was recorded on September 13, 2017.
The Opposition with reference B 001314543 was partially refused EUTMA/IR according to Article 8(1)(b) CTMR with decision issued on June 28, 2010 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer operating programs
Download-able computer games, ring tones, graphics, movies, wallpaper, screensavers, and music via a global computer network and wireless devices
Downloadable electronic publications in the nature of magazines, journals and/or newsletters in the field of computer games, video games, cartoons and/or general entertainment.
The mark was filed in class 16 with following description of goods:
Books, magazines, cartoons, pamphlets and catalogs all featuring action and adventure stories
Children's activity books
Notebooks
Series of fiction books
Stationery
Pictures
Ballpoint pens
Paper banners
Binders
Note pads
Pencil boxes
Bumper stickers
Calen-dars
Trading cards
Cases for pen and pencils
Printed emblems
Document holders
Action, adventure and picture magazines, namely, strategy guides for computer and video games
Action, adventure and picture newsletters
Action, adventure and picture brochures
Action, adventure and picture journals
Graphic art books
Song books
Musical score books
Comic books
Magazines featuring computer games, video games, cartoons and/or general en-tertainment
Posters
Stickers
Paper banners
Post cards
Pens
Pencils
Pencil caps
Draw-ing rulers
Rubber stamps
Collectors' cards
Photographs
Photograph stands.
The mark was filed in class 25 with following description of goods:
Belts
Masquerade costumes
Jackets
Pants
Hats
Clothing caps
Shirts
Shoes
Shorts
Sweaters
T-shirts.
The mark was filed in class 28 with following description of goods:
Dolls, plush dolls, toy figures, stuffed animals
Toy mobiles
Toy vehicles
Children's multiple activity toys
Soft sculpture toys
Stuffed toys
Toy stuffed animals
Play figure clothing
Card games
Role playing games
Doll costumes
Doll clothing
Action figures and accessories therefor
Inflatable toys
Toy guns
Toy swords
Playing cards
Board games
Jigsaw puzzles
Hand held video game units.
The mark was filed in class 36 with Credit card services.
The mark was filed in class 38 with following description of goods:
Providing on-line chat rooms for transmission of messages among computer users concerning on-line computer games via a global computer network
Providing on-line elec-tronic bulletin boards and forums for transmission of messages among computer users concerning a wide variety of topics and fields via a global computer network
Electronic transmission of audio and video data and documents via a global computer network
Pro-viding on-line chat rooms, forums, on-line electronic bulletin boards and polling pages for transmission of messages among computer users concerning games, computer games, video games, movies, motion pictures, music, videos and also containing interactive poll-ing pages about games and other entertainment related topics.
The mark was filed in class 41 with following description of goods:
On-line animation, video games, avatars, namely a computer user's graphical representation used in games or forums, reality simulation for entertainment purposes, namely a computer simulation of reality using graphics for user interface to create a lifelike on-line environment
Contests, and competitions via a global computer network
Providing information on computer game strategies, games, on-line games, video games, interactive games, avatars, reality simulation, contests, and competitions via a global computer network
Providing information to game players about the rankings of their scores, all by means of a global computer network
Providing information on entertainment in the field of computer games, video games, card games, animated cartoons, comics, novels and/or magazines
Providing on-line non-downloadable comics
Providing on-line non-downloadable magazines in the field of computer games, video games, cartoons and/or general entertainment
Entertainment services, namely, providing on-line computer games and interactive games.
The mark was filed in class 42 with following description of goods:
Technical support services, namely, troubleshooting of computer hardware and software problems
Installation of computer software
Computer software design
Updating of computer software
Managing computer software
Computer programming
Computer services, namely, converting and servicing of computer program data
Hosting of digital content, namely on-line journals, namely blogs featuring messages among computer users concerning computer and video gaming, music and gaming culture
Hosting a website featuring computer games, computer game strategy, games, on-line games, video games, interactive games, avatars, reality simulation, contests and competitions.