The trademark VIRTUALIVE was filed by Orad Hi-Tec Systems Limited, a corporation established under the laws of the State of Israel (the "Applicant"). The application was published for oppositions on July 11, 1999, and received one opposition filed on October 10, 1999 by Sega Enterprises, Ltd. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute, (d) Earlier non registered TM & right to prohibit use of later TM under national law, (e) Earlier sign & right to prohibit use of later TM under national law. the opponent was represented by MAUCHER JENKINS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 10, 1999
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments
Apparatus for recording, transmission and/or reproduction of sound and/or images
Magnetic data carriers
Recording discs
Automatic vending machines and mechanisms for coin-operated apparatus
Cash registers
Calculating machines
Fire-extinguishing apparatus
Data processing apparatus and equipment
Computers
Computer software and publications in electronic form supplied on-line from databases or from facilities provided on the Internet (including web sites)
Computer software and telecommunications apparatus (including modems) to enable connection to databases and to the Internet
Computer software to enable searching of data
CD-ROMs
Compact discs, videotapes, audio tapes, discs, tapes and other data and recording media, all carrying data and information in audio and/or video form
Parts of and fittings and accessories for all the aforesaid goods.
The mark was filed in class 38 with following description of goods:
Telecommunications
Telecommunication of information (including web pages), images, computer programs and other forms of data
Electronic mail services
Electronic information services
Provision of telecommunications access and links to computer databases and to the Internet
Broadcasting
Broadcasting of images and information on the Internet
News agencies
Information services relating to all of the aforesaid services.
The mark was filed in class 41 with following description of goods:
Education
Providing of training
Entertainment
Sporting and cultural activities
Entertainment, education and instruction relating to sport and sporting activities
Production, presentation, distribution, syndication, networking and rental of television and radio programmes and of films and sound and video recordings, all relating to sport and sporting activities
Publishing
Organisation and presentation of competitions, contests, games, quizzes, exhibitions, events, shows, roadshows, performances and audience participation events, all relating to sport and sporting activities
Provision of entertainment and education relating to sport and sporting activities, for accessing via communications and computer networks and via the Internet
Information services relating to all of the aforesaid services.
The mark was filed in class 42 with following description of goods:
Advisory services relating to: telecommunications
Telecommunication of information(including web pages), images, computer programs and other forms of data
Electronic mail services
Electronic information services
Provision of telecommunications access and links to computer data bases and to the Internet
Broadcasting
Broadcasting of images and information on the Internet
News agencies
Education
Providing of entertainment
Entertainment
Sporting and cultural activities
Entertainment, education and instruction relating to sport and sporting activities
Production, presentation, distribution, syndication, networking and rental of television and radio programmes and of films and sound and video recording, all relating to sport and sporting activities
Publishing
Organisation and presentation of competitions, contests, games, quizzes, exhibitions, events, shows, road-shows, performances and audience participation events, all relating to sport and sporting activities
Provision of entertainment and education relating to sport and sporting activities, for accessing via communications and computer networks and via the Internet.