The trademark GOLDEN APPLE was filed by Techno1, a corporation established under the laws of the Kingdom of Belgium (the "Applicant"). The application was published for oppositions on February 2, 2016, and received one opposition filed on April 28, 2016 by Apple Inc. on (a) Likelihood of confusion, (b) Earlier non registered TM & right to prohibit use of later TM under national law. 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 April 28, 2016
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 002695404 was refused according to Article 8(1)(b) EUTMR with decision issued on March 25, 2019 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Software for computer games, in particular casino games and games of chance
Software for processing data relating to games
Computer programs, data processing equipment and computers
Mechanisms for coin-operated apparatus
Discs, cassettes and floppy discs containing programs, in particular for computer games
Magnetic cards, chip cards, electronic cards
CD-ROMs, cards for electronic games
Data communication servers
Recorded games programs for controlling games
Computer programs for paying players online
All the aforesaid goods relating solely to games of chance, casino games and betting games.
The mark was filed in class 28 with following description of goods:
Games
Slot machines (amusement machines)
Electronic game apparatus for use online or offline
Housings for slot machines
Automatic machines for games and machines for games of chance operated by the insertion of coins, tokens or tickets or by means of electrical, magnetic or biometric storage media
Console gaming devices
Interactive games terminals
Electric, electronic or electromechanical apparatus for games, networked or otherwise
Parts and components for all the aforesaid goods, all the aforesaid goods relating solely to games of chance, casino games and betting games.
The mark was filed in class 41 with following description of goods: