Receipt of Notice of Opposition

B270

Alicante, 15/10/2018

ELZABURU, S.L.P. Miguel Angel, 21 28010 Madrid Spain

Receipt of notice of opposition

Number of the opposition: 003066544

Your reference: OCE-9816

Trade mark: 017921975 DC Comics (partnership) Opponent: 2900 West Alameda Avenue 91505 Burbank, United States

Your notice of opposition, directed against the abovementioned trade mark, was received by the Office on 15/10/2018 at 16:49:10 .

It was given the above opposition number.

Please quote this number in all future communications regarding the opposition.

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Date of receipt (DD/MM/YYYY) Number of pages (including this one) 15/10/2018 19

Acknowledgement of receipt of a Notice of opposition

Your notice of opposition has been submitted successfully. We thank you for choosing to use the online OPPOSITION form.

Opposition number: 003066544

Date of submission: 15/10/2018

Time of submission: 16:49

Number of attached files: 0

Payment method: Current account with EUIPO

Payment ID number: 186C4V40

Account No: 0000000005

Please indicate the opposition number in any further communication with the EUIPO.

Page number 1 of 19 NOTICE OF OPPOSITION

Your reference: OCE-9816

Opponent(s) Opponent EUIPO ID: 1984

Name of legal entity or first DC Comics (partnership) name and surname: Type: Legal Entity Street address: 2900 West Alameda Avenue City: Burbank, Postal Code: 91505 Country: United States

Postal address (if different):

Telephone number: Fax number: E-mail address: Website:

Representative(s) EUIPO representative ID: 11849

Name or legal name: ELZABURU, S.L.P. Type: Association Street address: Miguel Angel, 21 City: Madrid Postal Code: 28010 Country: Spain

Postal address (if different):

Telephone number: 917009400 Fax number: 913193810 E-mail address: [email protected] Website:

Challenged entity Challenged registration ID: 017921975

Type of entity EUTMA Name of the owner/holder: VALENCIA CLUB DE FUTBOL, S.A.D. Application date: 21/06/2018 Registration date Representation of the trade VALENCIA CF 1919 - 2019 mark Trade mark type Figurative

Representation of mark

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Language of proceedings First language: ES (Spanish) Second language: EN (English)

Extent of the application Against all the goods and services Against some of the goods and services

Class Goods and services Ready-to-wear clothing; Button down shirts; Polo shirts; Printed t-shirts; Baby tops; Baselayer tops; Weather resistant outer clothing; Headbands [clothing]; Bandanas [neckerchiefs]; Scarves; Caps [headwear]; Bath sandals; Sports caps and hats; Woolly hats; Bathrobes; Swimming costumes; Underwear; Athletics shoes; Beach shoes; Shawls; Belts as clothing; Belts (Money -) [clothing]; Neckties; Fur stoles; Scarves; Caps [headwear]; Gloves for clothing; Rainproof clothing; Underwear; Stockings; Socks; Leg warmers; Neckerchiefs; Pyjamas; Studs for football boots; Suspenders; Clothing for gymnastics; Sportswear; Maillots; Mittens; Ear muffs [clothing]; Insoles; Bowties; Beach wraps; Cuffs; Dress shields; Costumes; Beachwear; Visors [headwear]; Housecoats; 25 (EN) Pockets for clothing; Sock suspenders; Stocking suspenders; Tights; Headgear; Wooden shoes; Coats; Sports jackets; Down jackets; Jumpers; Parkas; Parkas; Knitwear [clothing]; Knitwear [clothing]; Espadrilles; Non-slipping devices for footwear; Mules; Blouses; Footmuffs, not electrically heated; Boots; Boot uppers; Booties; Boxer shorts; Shirts; Tee-shirts; Waistcoats; Jackets [clothing]; Stuff jackets [clothing]; Combined underwear; Leather dresses; Imitation leather dresses; Slippers; Skirts; Linings (Ready-made -) [parts of clothing]; Topcoats; Gabardines [clothing]; Gymnastic shoes; Briefs; Suits; Turbans; Gowns; Slippers; Football jerseys; Replica football kits; Football boots.

Class Goods and services Sports equipment; Soccer balls; Board games; Toys; Plush toys; Shin guards [sports articles]; Football gloves; Swings; Playground apparatus for children; Table football tables; Cases adapted for sporting articles; Bladders of balls for games; Gymnastic articles; Gymnastic and sporting articles; Soccer goals; Covers (Shaped -) for sporting articles; Sports games; Knee guards [sports articles]; Soccer ball knee pads; Sportballs; Balls for games; Exercise 28 (EN) balls; Portable home gymnastic apparatus; Dumb-bells [for weight lifting]; Benches for sporting use; Protective padding for sports; Paddings (Protective -) [parts of sports suits]; Elbow guards [sports articles]; Leg guards for athletic use; In-line roller skates; Inflatable swimming pools [play articles]; Sports training apparatus; Sports equipment; Card games.

Class Goods and services Health club services [health and fitness training]; Education, entertainment and sport services; Arranging of displays for cultural purposes; Organising of exhibitions for entertainment purposes; Education; Providing of training; Provision of training facilities; Recreation facilities (Providing -); Providing facilities for sports events; Providing facilities for sports tournaments; Providing information about cultural activities; Providing information about sporting activities; Providing entertainment information; Provision of entertainment information by electronic means; Education and instruction services; Arranging and conducting of soccer training programs; Football 41 (EN) academy services; Sport camp services; Physical education; Soccer instruction; Soccer camps; Sport camp services; Entertainment in the nature of football games; Organisation of sports events in the field of football; Training of sports players; Physical education; Fitness club services; Demonstration [for instructional purposes]; Camp services (Holiday -) [entertainment]; Camp services (Holiday -) [entertainment]; Organisation of sports activities for summer camps; Rental of sports grounds; Arranging and conducting of conferences; Workshops (Arranging and conducting of -) [training]; Arranging and conducting of seminars; Arranging and conducting of

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congresses; Arrangement of conventions for educational purposes; Arranging of conventions for entertainment purposes; Organising of sporting activities and of sporting competitions; Arranging of exhibitions for training purposes; Organisation of games and competitions; Arranging of contests; Operating of lotteries; Gambling; Organising of sporting activities and of sporting competitions; Arranging of award ceremonies; Provision of museum facilities; Providing sports facilities; Rental of stadium facilities; Providing sports facilities; Health club services [health and fitness training]; Provision of information relating to sports; Provision of information relating to sports; Fan club organisation; Ticket procurement services for sporting events; Recreation information; Information about entertainment and entertainment events provided via online networks and the Internet; Provision of radio and television entertainment services; Entertainment by means of telephone; Film production services; Production of video recordings; Production of sound recordings; Production of video cassettes; Audio tape production services; Production of sporting events for television; Production of sporting events for radio; Publication of books, magazines, almanacs and journals; Providing on-line electronic publications, not downloadable; Publishing by electronic means; Provision of multimedia entertainment programs by television, broadband, wireless and on-line services; On-line gaming services; Entertainment services provided on-line from a computer database or the internet; Providing on-line videos, not downloadable; Providing on-line non- downloadable images; Providing on-line non-downloadable audio content; Provision of information relating to physical education via an online web site; Provision of information relating to physical exercises via an online web site; Provision of information relating to physical training via an online web site; Providing online newsletters in the fields of sports entertainment.

Grounds for opposition

Selected ground number 1 Article 8(1)(b) EUTMR - There exists a likelihood of confusion on the part of the public Basis of opposition

Type of basis EUTM/A Name of the owner/applicant DC Comics (partnership) Application date 01/04/1996 Filing number 000038158 Registration number 000038158 Registration date 02/02/1998 Expiry date 01/04/2026 Trade mark type Figurative

Representation of the earlier right

Colour(s) claimed

The opposing party accepts that the necessary information for this trade mark is imported from the relevant online official database, accessible through TMVIEW, and that this source is used for substantiation purposes without prejudice to its right or obligation to provide any additional information that may be necessary to comply with the substantiation requirements of Article 7(2) and (4) EUTMDR

Page number 4 of 19 NOTICE OF OPPOSITION

Goods and services used Based on all the goods and services as basis Based on part of the goods and services, namely:

Class Goods and services Hats and caps; shorts; jackets; shirts; sweartshirts; t-shirts; tank tops; bathrobes; gloves and mittens; jogging 25 (EN) outfits; trousers; jeans; rainwear; swimwear; underwear; pajamas; costumes; suspenders; slippers; slipper socks; hosiery; sneakers; thongs; sandals; shoes and boots; fabric belts.

Class Goods and services Toys, games and playthings; parts and fittings for all of the aforesaid goods; masks (except for sports); novelty 28 (EN) buttons, novelties and party hats.

Class Goods and services Entertainment services all relating to the production and distribution of films, video tapes, cassettes, tapes, 41 (EN) records and compact discs.

Entitlement Owner/Co-owner Authorised licensee Person authorised under the applicable law

Selected ground number 2 Article 8(1)(b) EUTMR - There exists a likelihood of confusion on the part of the public Basis of opposition

Type of basis EUTM/A Name of the owner/applicant DC Comics (partnership) Application date 23/10/2003 Filing number 003434651 Registration number 003434651 Registration date 20/04/2005 Expiry date 23/10/2023 Trade mark type Figurative

Representation of the earlier right

Colour(s) claimed

Page number 5 of 19 NOTICE OF OPPOSITION

Goods and services used Based on all the goods and services as basis Based on part of the goods and services, namely:

Class Goods and services Education; providing of training; entertainment sporting and cultural activities; entertainment services in the nature of live-action, comedy, drama and/or animated television programmes; production of live-action comedy, drama and/or animated television programmes; entertainment services in the nature of live-action comedy, drama and/or animated motion picture theatrical films; production of live-action comedy, drama and/or animated motion picture theatrical films; and theatrical performances both animated and live action; video and audio recording production and recitals; education and entertainment services provided via a global computer network; information relating to education and entertainment provided on-line from a computer database or the Internet; electronic games services provided via a global computer network; providing on-line publications (non- downloadable); on-line publication of electronic books and journals (non-downloadable) publication and distribution of printed media and recordings; publication of sheet music organising of entertainment and social events; booking of entertainment; entertainer services; club entertainment services; provision of dancing facilities; nightclub, discotheque, music hall, concert, dance hall, ballroom, cabaret services; circuses; provision of live entertainment; production of live entertainment; arranging of visual and musical entertainment; audio- visual display presentation services for entertainment purposes; organising of events, exhibitions and shows for entertainment purposes; production of audio entertainment; production of entertainment shows featuring dancers and singers; music competition services; organisation of balls; organisation of shows; providing karaoke services; management of entertainment services; training and management of performance artists; provision of entertainment services on cruise ships; video arcade services; providing amusement arcade services; amusement arcade machine rental services; theme park services; amusement park services with a theme of films; amusement park services with a theme of radio productions; amusement park services with a theme of television productions; education and training services relating to the establishment, operation, administration, management and conduct of amusement and theme parks; movie studios; recording studio services; television entertainment; cinema services; providing cinema and theatre facilities; booking agency services for cinema tickets; rental and leasing of movie projectors and accessories; rental of cinematographic 41 (EN) and motion picture films; distribution of cinematographic and motion picture films; editing of cinematographic and motion picture films; showing of cinematographic and motion picture films; organisation and management of cinemas and theatres; education and training services relating to the establishment, operation, administration, management and conduct of cinemas and theatres; training services for cinema technicians; providing of sports facilities; providing of recreation facilities, services and amenities; leisure centre and boating lake services; provision of swimming facilities, services and amenities; tenpin bowling alley and bowling green services; providing of golf facilities; providing of tennis court facilities; health and fitness club services; providing of casino and gaming facilities; booking of seats for shows; organisation of quizzes, games and competitions; organisation of beauty competitions; organisation of sporting competitions; rental of diving equipment; rental of sports equipment; arranging, planning and conducting of conferences, seminars and exhibitions; information, advice and consultancy relating to all the aforesaid services; Booking of seats for shows; Digital imaging services; Education information; Electronic desktop publishing; Entertainment information; Microfilming; Modelling for artists; Providing on-line electronic publications [not downloadable]; Publication of books; Publication of electronic books and journals on-line; Publication of texts [other than publicity texts]; Recreation information; Rental of audio equipment; Rental of camcorders; Rental of lighting apparatus for theatrical sets or television studios; Rental of movie projectors and accessories; Rental of radio and television sets; Rental of show scenery; Rental of skin diving equipment; Rental of sports equipment (except vehicles); Rental of stage scenery; Rental of video cameras; Rental of video cassette recorders; Sign language interpretation; Timing of sports events; Translation; Videotaping; Books (Publication of-); Diving equipment (Rental of skin-); Information (Education -); Information (Entertainment-); Information (Recreation-); Interpretation (Sign language -); Movie projectors and accessories (Rental of-); Radio and television sets (Rental of-); Recorders (Rental of video cassette -); Show scenery (Rental of-); Sports equipment (Rental of-) [except vehicles]; Sports events (Timing of-); Stage scenery (Rental of-); Television sets (Rental of radio and-); Texts (Publication of-), other than publicity texts.

Entitlement Owner/Co-owner Authorised licensee Person authorised under the applicable law

Selected ground number 3 Article 8(1)(b) EUTMR - There exists a likelihood of confusion on the part of the public

Page number 6 of 19 NOTICE OF OPPOSITION

Basis of opposition

Type of basis EUTM/A Name of the owner/applicant DC Comics (partnership) Application date 27/08/2014 Filing number 013205612 Registration number 013205612 Registration date 03/02/2015 Expiry date 27/08/2024 Trade mark type Figurative

Representation of the earlier right

Colour(s) claimed

Goods and services used Based on all the goods and services as basis Based on part of the goods and services, namely:

Class Goods and services Clothing for men, women and children - namely, shirts, t-shirts, sweatshirts, jogging suits, trousers, pants, shorts, tank tops, rainwear, cloth baby bibs, skirts, blouses, dresses, suspenders, sweaters, jackets, coats, 25 (EN) raincoats, snow suits, ties, robes, hats, caps, sunvisors, gloves, belts, scarves, sleepwear, pajamas, lingerie, underwear, boots, shoes, sneakers, sandals, socks, booties, slipper socks, swimwear and masquerade and Halloween costumes.

Class Goods and services Toys and sporting goods, including games and playthings--namely, action figures and accessories therefor; playsets for action figures; toy furniture; plush toys; balloons; bathtub toys; ride-on toys; equipment sold as a unit for playing card games; toy vehicles; dolls; flying discs; electronic hand-held game unit; game equipment sold as a unit for playing a board game, a card game, a manipulative game, a parlor game and an action type target game; stand alone video output game machines; slot machines; gaming equipment, namely, slot 28 (EN) machines with or without video output; jigsaw and manipulative puzzles; paper face masks; skateboards; ice skates; water squirting toys; balls--namely, playground balls, soccer balls, baseballs, basketballs; baseball gloves; swimming floats for recreational use; kickboard flotation devices for recreational use; surfboards; swim boards for recreational use; swim fins; toy bakeware and toy cookware; toy banks; toy snow globes; paper party hats; paper party decorations and Christmas tree ornaments; masquerade and Halloween masks.

Page number 7 of 19 NOTICE OF OPPOSITION

Class Goods and services Entertainment services, namely, providing online video games, providing online computer games, providing temporary use of non-downloadable video games; Production of video games; entertainment services in the nature of live-action, comedy, drama, animated, and reality television series; production of live-action, comedy, drama, animated and reality television series; distribution and display of live-action, comedy, drama and animated motion picture theatrical films; production of live-action, comedy, drama and animated motion picture theatrical films; theatrical performances both animated and live action; Internet services providing information via an electronic global computer network in the field of entertainment relating specifically to games, music, movies, and television; providing a web site featuring film clips, photographs and other multimedia materials; providing news about current events and entertainment, and information related to education and cultural events, via a global computer network; and providing information for and actual entertainment via an electronic 41 (EN) global communications network in the nature of live-action, comedy, drama and animated programs and production of live-action, comedy, drama and animated motion picture films for distribution via a global computer network; providing a computer game that may be accessed by a telecommunications network; and electronic publishing services, namely, publication of text and graphic works of others on-line featuring articles, novelizations, scripts, comic books, strategy guides, photographs and visual materials; non- downloadable publications in the nature of books featuring characters from animated, action adventure, comedy and/or drama features, comic books, children's books, strategy guides, magazines featuring characters from animated, action adventure, comedy and/or drama features, coloring books, children's activity books and magazines in the field of entertainment; amusement parks services; entertainment in the nature of an amusement park ride; live or pre-recorded shows and/or movies; entertainment and/or recreation information; entertainment club services.

Entitlement Owner/Co-owner Authorised licensee Person authorised under the applicable law

Selected ground number 4 Article 8(1)(b) EUTMR - There exists a likelihood of confusion on the part of the public Basis of opposition

Type of basis EUTM/A Name of the owner/applicant DC Comics (partnership) Application date 27/08/2014 Filing number 013205646 Registration number 013205646 Registration date 03/08/2016 Expiry date 27/08/2024 Trade mark type Figurative

Representation of the earlier right

Colour(s) claimed

Page number 8 of 19 NOTICE OF OPPOSITION

Colour description Black; White; Golden yellow; Red; Gray.

Goods and services used Based on all the goods and services as basis Based on part of the goods and services, namely:

Entitlement Owner/Co-owner Authorised licensee Person authorised under the applicable law

Selected ground number 5 Article 8(1)(b) EUTMR - There exists a likelihood of confusion on the part of the public

Page number 9 of 19 NOTICE OF OPPOSITION

Basis of opposition

Type of basis EUTM/A Name of the owner/applicant DC Comics (partnership) Application date 23/10/2012 Filing number 011287877 Registration number 011287877 Registration date 21/03/2013 Expiry date 23/10/2022 Trade mark type Figurative

Representation of the earlier right

Colour(s) claimed

Goods and services used Based on all the goods and services as basis Based on part of the goods and services, namely:

Class Goods and services Clothing, footwear, headgear; Clothing for men, women and children namely, shirts, t-shirts, sweatshirts, jogging suits, trousers, pants, shorts, tank tops, rainwear, cloth baby bibs, skirts, blouses, dresses, suspenders, sweaters, jackets, coats, raincoats, snow suits, ties, robes, hats, caps, sunvisors, belts, scarves, sleepwear, 25 (EN) pyjamas, lingerie, underwear, boots, shoes, sneakers, sandals, socks, booties, slipper socks, swimwear, masquerade, theatrical and Halloween costumes and masks sold in connection therewith and costumes for use in motion pictures and television programmes.

Page number 10 of 19 NOTICE OF OPPOSITION

characters; jigsaw and manipulative puzzles, board games; toy weapons; battery operated toys; model vehicles; game cards; party favors in the nature of small toys; paper party hats; masks; masquerade and Halloween masks; play costumes; fancy dress outfits being children's playthings; skateboards; ice skates; water-squirting toys; balls, namely, playground balls, soccer balls, baseballs, basketballs, baseball gloves; swimming floats for recreational use; kickboard flotation devices for recreational use; surfboards, swim boards for recreational use; swim fins; toy bakeware and toy cookware; toy banks; toy snow globes; Christmas tree ornaments; paper party favors and paper party decorations namely, paper hats; parts, fittings and accessories for all the aforementioned goods.

Entitlement Owner/Co-owner Authorised licensee Person authorised under the applicable law

Selected ground number 6 Article 8(1)(b) EUTMR - There exists a likelihood of confusion on the part of the public Basis of opposition

Type of basis EUTM/A Name of the owner/applicant DC Comics (partnership) Application date 23/10/2012 Filing number 011287943 Registration number 011287943 Registration date 21/03/2013 Expiry date 23/10/2022 Trade mark type Figurative

Representation of the earlier right

Colour(s) claimed

Goods and services used Based on all the goods and services as basis Based on part of the goods and services, namely:

Class Goods and services

25 (EN) Clothing, footwear, headgear; Clothing for men, women and children namely, shirts, t-shirts, sweatshirts,

Page number 11 of 19 NOTICE OF OPPOSITION

jogging suits, trousers, pants, shorts, tank tops, rainwear, cloth baby bibs, skirts, blouses, dresses, suspenders, sweaters, jackets, coats, raincoats, snow suits, ties, robes, hats, caps, sunvisors, belts, scarves, sleepwear, pyjamas, lingerie, underwear, boots, shoes, sneakers, sandals, socks, booties, slipper socks, swimwear, masquerade, theatrical and Halloween costumes and masks sold in connection therewith and costumes for use in motion pictures and television programmes.

Class Goods and services Games and playthings; Gymnastic and sporting articles not included in other classes; Decorations for Christmas trees; toys and sporting goods, including games and playthings, namely, action figures, soft sculpted toy figures and accessories therefore; plush toys; balloons, bath tub toys; ride-on toys; equipment sold as a unit for playing card games; toy vehicles; dolls; flying discs; electronic hand-held game unit; game equipment sold as a unit for playing a board game, a card game, a manipulative game, a parlour game, a parlour-type computer game, an action type target game; stand alone video output game machines; amusement apparatus for use in arcades; arcade games adapted for use with television receivers only; consoles for use with television receivers; computer game apparatus; hand-held electronic game consoles; portable and/or hand- held electronic devices for use with interactive computer and video games; protective carrying cases specially 28 (EN) adapted for handheld video games; interactive educational or entertainment games; games relating to fictional characters; jigsaw and manipulative puzzles, board games; toy weapons; battery operated toys; model vehicles; game cards; party favors in the nature of small toys; paper party hats; masks; masquerade and Halloween masks; play costumes; fancy dress outfits being children's playthings; skateboards; ice skates; water-squirting toys; balls, namely, playground balls, soccer balls, baseballs, basketballs, baseball gloves; swimming floats for recreational use; kickboard flotation devices for recreational use; surfboards, swim boards for recreational use; swim fins; toy bakeware and toy cookware; toy banks; toy snow globes; Christmas tree ornaments; paper party favors and paper party decorations namely, paper hats; parts, fittings and accessories for all the aforementioned goods.

Entitlement Owner/Co-owner Authorised licensee Person authorised under the applicable law

Selected ground number 7 Article 8(1)(b) EUTMR - There exists a likelihood of confusion on the part of the public Basis of opposition

Type of basis EUTM/A Name of the owner/applicant DC Comics (partnership) Application date 03/10/2012 Filing number 011236957 Registration number 011236957 Registration date 22/05/2013 Expiry date 03/10/2022 Trade mark type Figurative

Representation of the earlier right

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Colour(s) claimed

Verbal elements BATMAN

Goods and services used Based on all the goods and services as basis Based on part of the goods and services, namely:

Class Goods and services Games and playthings; Gymnastic and sporting articles not included in other classes; Decorations for Christmas trees; Air pistols [toys]; Amusement machines, automatic and coin-operated; Arcade video game machines; Archery implements; Ascenders [mountaineering equipment]; Backgammon games; Bags especially designed for skis and surfboards; Bait (Artificial fishing -); Balls for games; Bar-bells; Baseball gloves; Batting gloves [accessories for games]; Bells for Christmas trees; Billiard balls; Billiard cue tips; Billiard cues; Billiard markers; Billiard table cushions; Billiard tables; Bingo cards; Bite indicators [fishing tackle]; Bite sensors [fishing tackle]; Bladders of balls for games; Board games; Bob-sleighs; Body boards; Body-building apparatus; Bowling apparatus and machinery; Bows for archery; Boxing gloves; Building blocks [toys]; Building games; Butterfly nets; Camouflage screens [sports articles]; Candle holders for Christmas trees; Caps for pistols [toys]; Chalk for billiard cues; Checkerboards; Checkers [games]; Chess games; Chessboards; Chips for gambling; Christmas tree stands; Christmas trees of synthetic material; Clay pigeon traps; Clay pigeons [targets]; Climbers' harness; Coin-operated billiard tables; Confetti; Conjuring apparatus; Cosaques [toy fireworks]; Counters [discs] for games; Creels [fishing traps]; Cricket bags; Cups for dice; Darts; Detonating caps [toys]; Dice; Discuses for sports; Divot repair tools [golf accessories]; Dolls; Dolls' beds; Dolls' clothes; Dolls' feeding bottles; Dolls' houses; Dolls' rooms; Dominoes; Edges of skis; Elbow guards [sports articles]; Electronic targets; Exercisers [expanders]; Fairground ride apparatus; Fencing gauntlets; Fencing masks; Fencing weapons; Fish hooks; Fishing tackle; Flippers for swimming; Floats for fishing; Flying discs [toys]; Games; Games (Apparatus for -); Gaming machines for gambling; Gloves for games; Golf bags, with or without wheels; Golf clubs; Golf gloves; Gut for fishing; Gut for rackets; Gymnastics (Appliances for -); Hang gliders; Harness for sailboards; Harpoon guns [sports articles]; Hockey sticks; Horseshoe games; Hunting game calls; Ice skates; In-line roller skates; Jigsaw puzzles; Kaleidoscopes; Kite reels; Kites; Knee guards [sports articles]; Landing nets for anglers; Lines for fishing; Lures for hunting or fishing; Mah-jong; Marbles for games; Masts for sailboards; 28 (EN) Men's athletic supporters [sports articles]; Mobiles [toys]; Nets for sports; Ninepins; Novelties for parties, dances [party favors, favours]; Ornaments for Christmas trees, except illumination articles and confectionery; Pachinkos; Paintball guns [sports apparatus]; Paintballs [ammunition for paintball guns] sports apparatus; Paper party hats; Paragliders; Parlor games; Physical exercises (Machines for -); Piñatas; Play balloons; Playing balls; Playing cards; Plush toys; Poles for pole vaulting; Portable games with liquid crystal displays; Practical jokes [novelties]; Protective paddings [parts of sports suits]; Punching bags; Puppets; Quoits; Rackets; Radio-controlled toy vehicles; Rattles [playthings]; Reels for fishing; Ring games; Rocking horses; Rods for fishing; Roller skates; Rollers for stationary exercise bicycles; Rosin used by athletes; Roulette wheels; Sailboards; Scale model kits [toys]; Scale model vehicles; Scent lures for hunting or fishing; Scooters [toys]; Scrapers for skis; Scratch cards for playing lottery games; Seal skins [coverings for skis]; Shin guards [sports articles]; Shuttlecocks; Skateboards; Skating boots with skates attached; Ski bindings; Skis; Skittles; Sleighs [sports articles]; Slides [playthings]; Sling shots [sports articles]; Slot machines [gaming machines]; Snow for Christmas trees (Artificial -); Snow globes; Snowboards; Snowshoes; Soap bubbles [toys]; Sole coverings for skis; Spinning tops [toys]; Spring boards [sports articles]; Starting blocks for sports; Stationary exercise bicycles; Strings for rackets; Stuffed toys; Surf boards; Surf skis; Surfboard leashes; Swimming belts; Swimming jackets; Swimming kick boards; Swimming pools [play articles]; Swings; Tables for indoor football; Tables for table tennis; Targets; Teddy bears; Tennis ball throwing apparatus; Tennis nets; Theatrical masks; Toy masks; Toy pistols; Toy vehicles; Toys; Toys for domestic pets; Trampolines; Twirling batons; Video game machines; Water wings; Waterskis; Wax for skis; Weight lifting belts [sports articles]; Toys and sporting goods, including games and playthings, namely, action figures, soft sculpted toy figures and accessories therefore; plush toys; equipment sold as a unit for playing card games; toy vehicles; dolls; flying discs; electronic hand- held game unit; game equipment sold as a unit for playing a board game, a card game, a manipulative game, a parlour game, a parlour-type computer game, an action type target game; stand alone video output game

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machines; amusement apparatus for use in arcades; computer game apparatus; portable and/or hand-held electronic devices for use with interactive computer and video games; protective carrying cases specially adapted for handheld video games; interactive educational or entertainment games; games relating to fictional characters; jigsaw and manipulative puzzles, board games; bath tub toys; toy weapons; battery operated toys; model vehicles; game cards; party favors in the nature of small toys; paper party hats; masks; masquerade and Halloween masks; play costumes; fancy dress outfits being children's playthings; ride-on toys; skateboards; ice skates; water-squirting toys; balls, namely, playground balls, soccer balls, baseballs, basketballs, baseball gloves; swimming floats for recreational use; kickboard flotation devices for recreational use; surfboards, swim boards for recreational use; swim fins; toy bakeware and toy cookware; toy banks; toy snow globes; Christmas tree ornaments; amusement park rides; arcade games adapted for use with television receivers only; hand-held electronic game consoles; consoles for use with television receivers; parts, fittings and accessories for all the aforementioned goods.

Class Goods and services Education; Providing of training; Entertainment; Sporting and cultural activities; Academies [education]; Amusement parks; Amusements; Animal training; Arranging and conducting of colloquiums; Arranging and conducting of concerts; Arranging and conducting of conferences; Arranging and conducting of congresses; Arranging and conducting of seminars; Arranging and conducting of symposiums; Arranging and conducting of workshops [training]; Arranging of beauty contests; Boarding schools; Booking of seats for shows; Bookmobile services; Calligraphy services; Casino facilities [gambling] (Providing -); Cinema presentations; Circuses; Club services [entertainment or education]; Coaching [training]; Conducting fitness classes; Correspondence courses; Disc jockey services; Discotheque services; Dubbing; Education information; Educational examination; Electronic desktop publishing; Entertainer services; Entertainment information; Fashion shows for entertainment purposes (Organization of -); Film production, other than advertising films; Gambling; Game services provided on-line from a computer network; Games equipment rental; Golf facilities (Providing -); Gymnastic instruction; Health club services [health and fitness training]; Holiday camp services [entertainment]; Language interpreter services; Layout services, other than for advertising purposes; Lending libraries; Live performances (Presentation of -); Microfilming; Modelling for artists; Movie studios; Museum facilities (Providing -) [presentation, exhibitions]; Music composition services; Music-halls; News reporters services; Night clubs; Nursery schools; Operating lotteries; Orchestra services; Organization of balls; Organization of competitions [education or entertainment]; Organization of exhibitions for cultural or educational purposes; Organization of shows [impresario services]; Organization of sports competitions; Party planning [entertainment]; Personal trainer services [fitness training]; Photographic reporting; Photography; Physical education; Practical training [demonstration]; Production of music; Production of radio and television programmes; Production of shows; Providing amusement arcade services; Providing karaoke services; Providing on-line electronic publications, not downloadable; Providing sports facilities; Publication of books; Publication of electronic books and journals on-line; Publication of texts, other than publicity texts; Radio entertainment; Recording studio services; 41 (EN) Recreation facilities (Providing -); Recreation information; Religious education; Rental of audio equipment; Rental of camcorders; Rental of cine-films; Rental of lighting apparatus for theatrical sets or television studios; Rental of movie projectors and accessories; Rental of radio and television sets; Rental of show scenery; Rental of skin diving equipment; Rental of sound recordings; Rental of sports equipment, except vehicles; Rental of sports grounds; Rental of stadium facilities; Rental of stage scenery; Rental of tennis courts; Rental of video cassette recorders; Rental of videotapes; Scriptwriting services; Sign language interpretation; Sport camp services; Subtitling; Television entertainment; Theatre productions; Ticket agency services [entertainment]; Timing of sports events; Toy rental; Translation; Tuition; Videotape editing; Videotape film production; Videotaping; Vocational guidance [education or training advice]; Vocational retraining; Writing of texts, other than publicity texts; Zoological garden services; Entertainment services, namely services in the nature of a live- action comedy, drama and/or animated motion picture theatrical films; entertainment services in the nature of live-action comedy, drama and/or animated television programmes; distribution and display of live-action, comedy, drama and animated motion picture theatrical films; production of live-action comedy, drama and/or animated motion picture theatrical films; production of live-action comedy, drama and/or animated television programmes; production of theatrical performances both animated and live action; entertainment services in the nature of live or pre-recorded shows and/or movies; amusement park services; entertainment services provided via a global computer network; providing a website featuring film clips, photographs and other multimedia materials; providing information for and actual entertainment via an electronic global communications network in the nature of live-action, comedy, drama and animated programs; computer and video game amusement services; gaming services for entertainment purposes; Internet services providing information via an electronic global computer network in the field of entertainment relating specifically to games, movies, and television; game services provided on-line from a computer network; conducting contests online; entertainment services, namely, providing temporary use of non-downloadable interactive games;

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electronic games provided via a global computer network; providing on-line publications; on-line publication of electronic books and journals; electronic publishing services, namely, publication of text and graphic works of others on-line featuring articles, novelizations, scripts, comic books, gaming strategy guides, photographs and visual materials; providing information and news in the field of entertainment relating specifically to computer games, movies and television via an electronic global computer network; provision, production and organisation of entertainment, live entertainment, exhibitions and social events; audio-visual display presentation services for entertainment purposes.

Entitlement Owner/Co-owner Authorised licensee Person authorised under the applicable law

Selected ground number 8 Article 8(1)(b) EUTMR - There exists a likelihood of confusion on the part of the public Basis of opposition

Type of basis EUTM/A Name of the owner/applicant DC Comics (partnership) Application date 13/03/2013 Filing number 011653904 Registration number 011653904 Registration date 07/08/2013 Expiry date 13/03/2023 Trade mark type Figurative

Representation of the earlier right

Colour(s) claimed

Verbal elements BEWARE THE BATMAN

Goods and services used Based on all the goods and services as basis Based on part of the goods and services, namely:

Class Goods and services 25 (EN) Clothing footwear and headgear, namely, shirts, t-shirts, sweatshirts, jogging suits, trousers, pants, shorts, tank

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tops, skirts, blouses, dresses, rainwear, sweaters, jackets, coats, raincoats, snow suits, ties, robes, hats, caps, sunvisors, belts, scarves, sleepwear, pajamas, lingerie, underwear, cloth baby bibs, boots, shoes, sneakers, sandals, socks, booties, slipper socks, swimwear and masquerade and Halloween costumes.

Class Goods and services Gymnastic and sporting articles not included in other classes; Toys, games, playthings and sporting goods, namely, action figures and accessories therefore; plush toys; balloons; bathtub toys; ride-on toys; equipment sold as a unit for playing card games; toy vehicles; dolls; flying discs; electronic hand-held game unit; game equipment sold as a unit for playing a board game, a card game, a manipulative game, a parlour game, a parlour-type computer game, an action type target game; stand alone video output game machines; jigsaw and 28 (EN) manipulative puzzles; skateboards; ice skates; water squirting toys; balls, namely, playground balls, soccer balls, baseballs, basketballs; baseball gloves; swimming floats for recreational use; kickboard flotation devices for recreational use; surfboards; swim boards for recreational use; swim fins; toy bakeware and toy cookware; toy banks; toy snow globes; and Christmas tree ornaments; game equipment sold as a unit for playing a parlor- type computer game; arcade games adapted for use with television receivers only; electronic game consoles; paper party favors; paper hats; masquerade and Halloween masks.

Class Goods and services Education; Providing of training; Sporting and cultural activities; Entertainment services in the nature of live- action, comedy, drama and/or animated television programs featuring fictional heroic and villainous characters; production of live-action comedy, drama and/or animated television programs featuring fictional heroic and villainous characters; entertainment services in the nature of live-action, comedy, drama and/or animated motion picture theatrical films featuring fictional heroic and villainous characters; production of live-action, 41 (EN) comedy, drama and/or animated motion picture theatrical films featuring fictional heroic and villainous characters; and theatrical performances both animated and live action featuring fictional heroic and villainous characters; amusement park services; amusement park rides; entertainment services provided via a global computer network; entertainment services, namely, providing temporary use of non-downloadable interactive games; electronic games provided via a global computer network; providing on-line publications; on-line publication of electronic books and journals.

Entitlement Owner/Co-owner Authorised licensee Person authorised under the applicable law

Selected ground number 9 Article 8(1)(b) EUTMR - There exists a likelihood of confusion on the part of the public Basis of opposition

Type of basis EUTM/A Name of the owner/applicant DC Comics (partnership) Application date 26/05/2005 Filing number 004458758 Registration number 004458758 Registration date 20/06/2006 Expiry date 26/05/2025 Trade mark type Figurative

Representation of the earlier right

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Colour(s) claimed

Goods and services used Based on all the goods and services as basis Based on part of the goods and services, namely:

Class Goods and services Clothing, footwear, headgear; clothing for men, women and children, namely, shirts, t-shirts, sweatshirts, jogging suits, trousers, jeans, pants, shorts, tank tops, rainwear, cloth baby bibs, skirts, blouses; dresses, suspenders, sweaters, jackets, coats; , raincoats, snow suits, ties, robes, hats, caps, sunvisors, belts, scarves, sleepwear, pyjamas, lingerie, underwear, boots, shoes, sneakers, sandals, booties, slipper socks, swimwear and masquerade and Halloween costumes; babies' diapers of textile; babies' napkins of textile; boot uppers; boots (heelpieces for-); boots (iron fittings for-); boots (non-slipping devices for-); boots (welts for-); cap peaks; 25 (EN) diapers (babies'-) of textile; dress shields; fittings of metal for shoes and boots; footwear (tips for-); footwear uppers; frames (hat-) [skeletons]; hat frames [skeletons]; heelpieces for boots and shoes; heelpieces for stockings; heels; inner soles; linings (ready-made-) [parts of clothing]; napkins (babies'-) of textile; non-slipping devices for boots and shoes; peaks (cap-); pockets for clothing; ready-made linings [parts of clothing]; shields (dress-); shirt fronts; shirt yokes; shoes (iron fittings for-); shoes (welts for-); soles for footwear; stockings (heel pieces for-); studs for football boots[shoes]; tips for footwear; uppers (footwear-); visors [hatmaking]; welts for boots and shoes; yokes (shirt-); shoes (heelpieces for-); shoes (non-slipping devices for-).

Class Goods and services Games and playthings; gymnastic and sporting articles not included in other classes; toys and sporting goods, namely, action figures and accessories therefor; plush toys; balloons; bathtub toys; ride-on toys; playing cards; equipment sold as a unit for playing card games; toy vehicles; dolls; flying discs; amusement apparatus for use in arcades; stand alone video output game machines; coin or counter operated arcade games; pinball game machines; electronic hand-held game units; game equipment sold as a unit for playing a board game, a card 28 (EN) game, a manipulative game, a parlor game, a parlor-type computer game, an action type target game; jigsaw and manipulative puzzles; paper party favors; paper hats; paper face masks; masquerade and Halloween masks; skateboards; ice skates; water squirting toys; balls, namely, playground balls, soccer balls, baseballs, basketballs, baseball gloves; surfboards; swimming floats for recreational use; kickboard flotation devices for recreational use swim boards for recreational use; swim fins; toy zip guns; toy bakeware and toy cookware; toy banks; toy snow globes; Christmas tree ornaments.

Class Goods and services Education; providing of training; entertainment; sporting and cultural activities; entertainment services in the nature of live-action, comedy, drama and/or animated television programmes; production of live-action comedy, drama and/or animated television programmes; distribution and display of live-action, comedy, drama and/or 41 (EN) animated motion picture theatrical films; entertainment services in the nature of live-action comedy, drama and/or animated motion picture theatrical films; production of live-action, comedy, drama and/or animated motion picture theatrical films; and theatrical performances both animated and live action; video and audio recording production and presentation of recitals; Internet services providing information via an electronic global computer network in the field of entertainment relating specifically to music, movies, and television;

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providing general interest news, entertainment, and educational information via a global computer network; and providing information for and actual entertainment via electronic global communications network in the nature of live-action comedy, drama and animated programs and production of live-action, comedy, action and animated motion films for distribution via a global computer network; education and entertainment services provided via a global computer network; information relating to education and entertainment provided on-line from a computer database or the Internet; electronic games services provided via a global computer network; providing on-line publications (non-downloadable); on-line publication of electronic books and journals (nondownloadable); publication of printed matter and recordings; publication of sheet music; organising of entertainment and social events; booking of entertainment; entertainer services; club entertainment services; provision of dancing facilities; nightclub, discotheque, music hall, concert, dance hall, ballroom, cabaret services; circuses; provision of live entertainment; production of live entertainment; arranging of visual and musical entertainment; audio-visual display presentation service; for entertainment purposes; organising of events, exhibitions and shows for entertainment purposes; production of audio entertainment; production of entertainment shows featuring dancers and singers; music competition services; organisation of balls; organisation of shows; providing karaoke services; management of entertainment services; training and management of performance artists; provision of entertainment services on cruise ships; video arcade services; providing amusement arcade services; amusement arcade machine rental services; theme park services; amusement park services with a theme of films; amusement park services with a theme of radio productions; amusement park services with a theme of television productions; education and training services relating to the establishment, operation, administration, management and conduct of amusement and theme parks; movie studios; recording studio services; television entertainment; cinema services; providing cinema and theatre facilities; booking agency services for cinema tickets; rental and leasing of movie projectors and accessories; rental of cinematographic and motion picture films; distribution of cinematographic and motion picture films; editing of cinematographic and motion picture films; showing of cinematographic and motion picture films; organisation and management of cinemas and theatres; education and training services relating to the establishment, operation, administration, management and conduct of cinemas and theatres; training services for cinema technicians; providing of sports facilities; providing of recreation facilities, services and amenities; leisure centre services; provision of swimming facilities, services and amenities; tenpin bowling alley and bowling green services; providing of golf facilities; providing of tennis court facilities; health and fitness club services: providing of casino and gaming facilities; booking of seats for shows; organisation of quizzes, games and competitions; organisation of beauty competitions; organisation of sporting competitions; rental of diving equipment; rental of sports equipment; arranging, planning and conducting of conferences, seminars and exhibitions; information, advice and consultancy relating to all the aforesaid services; booking of seats for shows; books (publication of-); digital imaging services; diving equipment (rental of skin -); education information; electronic desktop publishing; entertainment information; information (education-); information (entertainment-); information (recreation-); interpretation (sign language-); microfilming; modelling for artists; movie projectors and accessories (rental of-); providing on-line electronic publications [not downloadable]; publication of books; publication of electronic books and journals on-line; publication of texts [other than publicity texts]; radio and television sets (rental of-); recorders (rental of video cassette -); recreation information; rental of audio equipment; rental of camcorders; rental of lighting apparatus for theatrical sets or television studios; rental of movie projectors and accessories; rental of radio and television sets; rental of show scenery; rental of skin diving equipment; rental of sports equipment [except vehicles]; rental of stage scenery; rental of video cameras; rental of video cassette recorders; show scenery (rental of-); sign language interpretation; sports equipment (rental of-) [except vehicles]; sports events (timing of-); stage scenery (rental of-); television sets (rental of radio and -); texts (publication of-), other than publicity texts; timing of sports events; translation; videotaping.

Entitlement Owner/Co-owner Authorised licensee Person authorised under the applicable law

Statement of grounds

Uploaded File(s)

Title Confidential

File(s) linked from other proceedings Procedure Filing number Subject Date

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Fees

Payment method Current account Opposition of EUTM fee 320.00 € Total amount 320.00 € Current account with EUIPO Account Nº 0000000005

Signature

First name and Surname Capacity of the signatory Xavier Lamíquiz Pierron - 5372 Professional representative

Annexes:

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