Top Banner
Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA1043995 Filing date: 03/23/2020 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Notice of Opposition Notice is hereby given that the following party opposes registration of the indicated application. Opposer Information Name Razer (Asia-Pacific) Pte. Ltd. Granted to Date of previous ex- tension 03/25/2020 Address 514 CHAI CHEE LANE, #07-05 SINGAPORE, 469029 SINGAPORE Attorney informa- tion Sally Abel, Anne Marie Longobucco FENWICK & WEST LLP 801 CALIFORNIA STREET MOUNTAIN VIEW, CA 94041 UNITED STATES trademarks@fenwick.com, lwilliams@fenwick.com, alongobucco@fenwick.com 650-988-8500 Applicant Information Application No 88544373 Publication date 11/26/2019 Opposition Filing Date 03/23/2020 Opposition Peri- od Ends 03/25/2020 Applicant Shenzhen Shareway Electronics Co., Ltd. 3/F, Building 2, Jingwan, Gushujingwan New Village, Xixiang Street, Bao'an Dist., Shenzhen, 518101 CHINA Goods/Services Affected by Opposition Class 009. First Use: 2018/04/16 First Use In Commerce: 2018/07/17 All goods and services in the class are opposed, namely: Battery chargers; Blank flash memory cards; Cabinets for loudspeakers; Electricwires; Media players; Rechargeable electric batteries; Smartphones; Solar batteries; Solar panels for the production ofelectricity; TV cameras; Wireless ear buds Grounds for Opposition Priority and likelihood of confusion Trademark Act Section 2(d) No use of mark in commerce before application or amendment to allege use was filed Trademark Act Sections 1(a) and (c) Marks Cited by Opposer as Basis for Opposition
40

Notice of Opposition · for use in enabling headsets, eyewear, computers, laptop computers, notebook computers, notebook computers, handheld computers, personal digital assist-ants,

Sep 28, 2020

Download

Documents

dariahiddleston
Welcome message from author
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
  • Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov

    ESTTA Tracking number: ESTTA1043995

    Filing date: 03/23/2020

    IN THE UNITED STATES PATENT AND TRADEMARK OFFICEBEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

    Notice of Opposition

    Notice is hereby given that the following party opposes registration of the indicated application.

    Opposer Information

    Name Razer (Asia-Pacific) Pte. Ltd.

    Granted to Dateof previous ex-tension

    03/25/2020

    Address 514 CHAI CHEE LANE, #07-05SINGAPORE, 469029SINGAPORE

    Attorney informa-tion

    Sally Abel, Anne Marie LongobuccoFENWICK & WEST LLP801 CALIFORNIA STREETMOUNTAIN VIEW, CA 94041UNITED STATEStrademarks@fenwick.com, lwilliams@fenwick.com, alongobucco@fenwick.com650-988-8500

    Applicant Information

    Application No 88544373 Publication date 11/26/2019

    Opposition FilingDate

    03/23/2020 Opposition Peri-od Ends

    03/25/2020

    Applicant Shenzhen Shareway Electronics Co., Ltd.3/F, Building 2, Jingwan, GushujingwanNew Village, Xixiang Street,Bao'an Dist., Shenzhen, 518101CHINA

    Goods/Services Affected by Opposition

    Class 009. First Use: 2018/04/16 First Use In Commerce: 2018/07/17All goods and services in the class are opposed, namely: Battery chargers; Blank flash memorycards; Cabinets for loudspeakers; Electricwires; Media players; Rechargeable electric batteries;Smartphones; Solar batteries; Solar panels for the production ofelectricity; TV cameras; Wireless earbuds

    Grounds for Opposition

    Priority and likelihood of confusion Trademark Act Section 2(d)

    No use of mark in commerce before applicationor amendment to allege use was filed

    Trademark Act Sections 1(a) and (c)

    Marks Cited by Opposer as Basis for Opposition

    http://estta.uspto.gov

  • U.S. RegistrationNo.

    5056617 Application Date 08/24/2011

    Registration Date 10/11/2016 Foreign PriorityDate

    02/24/2011

    Word Mark RAZER

    Design Mark

    Description ofMark

    NONE

    Goods/Services Class 009. First use: First Use: 0 First Use In Commerce: 0

    Computers; laptop computers; notebook computers; handheld computers; per-sonal digital assistants; computer and video game apparatus adapted for usewith television receivers or other external displayscreens or monitors; computerdisplays;computer monitors; computer hardware; computer soundcards; com-puter peripherals; computer and video game controllers; computer mice; com-puter keyboards; computer keypads; computer graphics tablets; computer pens;computer joysticks; computer trackballs; Computer game apparatus and videogame controllers, namely, flight yokes, steering wheels, accelerator pedals,brake pedals and guns; motion controller sensors for use in playing computerand video games; apparatus for recording, transmission or reproduction of data,sound or images; audio equipment and apparatus, namely, earphones, head-phones, microphones, headsets, loudspeakers; batteries and power supplies;computer operating system software and computer software drivers in thenature of software used to control and operate computer peripherals; video andcomputer game software; computer mice mats; computer bags, computerpouches, computer cases, sleevesand covers adapted for holding and storingthe aforementioned goods; all of theaforementioned goods primarily marketedforgaming use and/or gamers; and all of the foregoing goods specifically excludingphones, phablets and televisions

    Class 018. First use: First Use: 0 First Use In Commerce: 0

    Bags, namely, messenger bags; travel bags; backpacks; knapsacks; satchels;all of the aforementioned goods primarily marketed for gaming use and/orgamers

    Class 025. First use: First Use: 0 First Use In Commerce: 0

    Clothing, namely, polo shirts; T-shirts; jackets; hoodies; sweatshirts; tank tops;headgear, namely, caps, beanies, bandanas; sweatbands; all of the aforemen-tioned goods primarily marketed for gaminguse and/or gamers

    Class 028. First use: First Use: 0 First Use In Commerce: 0

    Video game apparatus other than those adapted for use with television receiv-ers; handheld video game apparatus other than those adapted for use with tele-visionreceivers; carrying bags specially adapted for holding and storing videogame apparatuses; all of the aforementioned goods primarily marketed for gam-ing use and/or gamers

    U.S. RegistrationNo.

    5932191 Application Date 06/10/2014

    Registration Date 12/10/2019 Foreign PriorityDate

    NONE

    Word Mark RAZER

  • Design Mark

    Description ofMark

    NONE

    Goods/Services Class 009. First use: First Use: 2005/00/00 First Use In Commerce: 2005/00/00

    Wearable computer peripherals; computerhardware; computer hardware for re-cording, organizing, transmitting, manipulating, reviewing, and receiving phonecalls, data, audio and video; computer peripherals for recording, organizing,transmitting, manipulating, reviewing, and receiving data; peripherals for mobiledevices; wearable peripherals for mobile devices; computer peripherals for mo-bile devices for recording, organizing, transmitting, manipulating, reviewing, andreceiving phone calls, data, audio and video;computer hardware for displayingphone calls, data, audio and video; computer peripherals for displaying phonecalls, data, audio and video; computer peripherals for mobile devices for display-ing phone calls, data, audio and video; computer software to enable the viewingand sharing of digital images, information and data available on global computernetworks; computer software used for uploading, downloading, storing, backingup, recording, organizing, transmitting, receiving, accessing, retrieving, man-aging, synchronizing and reviewing text, data, email, documents, images, videoand audio files, multi-media content, electronic location of mobile digital elec-tronic devices; downloadable computer software, namely, downloadable mobileapplications for setting up, configuring, and controlling wearable computer hard-ware and wearable computer peripherals; Sunglasses; Prescription eyewear;Eyewear cases; Socketsets comprised of spectacle parts, namely, eyeweartemple decorative covers; head-mounted devices with electronics, namely,head-mounted display screen device;wristbands specially adapted for electronicdevices, namely, electronically encoded identity wristbands for mobile phones,personal digital assistants and personal computers; electronically encoded iden-tification necklaces; Global Positioning System (GPS) device; database syn-chronization software; and computer software for use in accessing the internetor other computer or communications networks; computer programs for personalinformation management; electronic mail and messaging software; all of theaforementioned goods primarily marketed for gaming use and/or gamers and allof the aforementioned goods excluding televisions and future versions or itera-tions of televisions

    U.S. ApplicationNo.

    79188796 Application Date 04/19/2016

    Registration Date NONE Foreign PriorityDate

    01/18/2016

    Word Mark RAZER

    Design Mark

    Description of NONE

  • Mark

    Goods/Services Class 009. First use: First Use: 0 First Use In Commerce: 0

    Computer application software for electronic storage, backup, transmission,sharing and management of third party applications, user content, informationand data; Computer application software for mobile devices, namely, softwarefor electronic storage, backup, transmission, sharing and management of thirdparty applications, user content, information and data; Computer applicationsoftware for mobile devices, namely, software that allows users to sync andmanage third party applications, user content, information and data, across mul-tiple devices; Computer application software for processing, organising andviewing text and digital images; Computer application softwarefor processingand organising audio files; Computer application software for use in connectionwith the electronic storage, transmission, presentation, verification, authentica-tion, and redemption ofcoupons, rebates, discounts, incentives, and special of-fers; Computer application software for use in connection with consumer loyaltyprograms and loyalty cards used to access and use loyalty points; Computer ap-plication software used to process mobile payments; Computer application soft-ware for transmitting, processing, facilitating, verifying, and authenticating creditand debit card information and transaction and payment information; Computerapplication software for ensuring the security of mobile payments via mobiledevices and of credit and debit card information; Computer applicationsoftwarefor the storage, transmission,verification, and authentication of credit and debitcard and other payment andtransaction information; Computer application soft-ware for use in recording, producing, broadcasting, and editing of video and au-dio to and from a virtual camera device via wired and wireless networks; Down-loadable cloud computer application software for use in recording, uploading,transmitting, broadcasting, editing, producing, and managing text, audio, andvisual data to and from a video camera device and mobile application via wiredand wireless networks; Downloadable computer application software to enablethe uploading, posting, sharing, tagging, and rating of information, data, andmultimedia content over the internet and other communications networks; Down-loadable computer application software for broadcasting video clips, audio clips,images, photos, and other multimedia content over the internet and other com-munications networks; Computer application software for creating, managingand participating in electronic gaming tournaments, competitions and qualifiers;Computer programs for the playing of games; Computer application software forthe synchronisation of peripherals with computer games;Computer applicationsoftware for data streaming; Computer application softwarefor data processing;Computer application software for social networking services via the internet;Computer application software for internet portals, chatrooms and internet for-ums; Computer application software for automatic monitoring of price changes;Computer application software to enable searching of data; Augmented realitysoftware for use in mobiledevices for integrating electronic datawith real worldenvironments; software for downloading by others that allows subscribers to util-ize voice over Internetprotocol (VOIP) communication services;price comparisonsoftware; downloadablecloud computer software for use in database manage-ment, use in electronic storage of data, use in configuration of hardware; down-loadable software for boostingthe speed and performance of game programmesand electronic devices; computer software development tools; game engine soft-ware for video game development and operation; computer software for con-trolling the operation of audio and video devices; software to control and im-prove audio equipment sound quality; touch sensitive electronic screens withcustomizable computer graphic use interfaces, graphic icons and interactivegraphic screens;user interface software; computer software for tracking the loca-tion of mobiledigital electronic devices; light-emitting diodes (LED); LED lightingspeciallyadapted for the illumination of computer hardware, computer peripher-als, sound and audio apparatus and electronic devices, including mobiledevices; light emitting diode displays; programmable light-emitting diodes LEDcontrolled by computer software; downloadable computer software, namely,

  • downloadable computer software for controlling LED lighting; computer controlsfor lighting apparatus; Cameras; apparatus for recording, transmission, storageand reproduction of photographic, video, audio, and multimedia content; cases,housings, and accessories forcameras, namely, batteries, lenses, digital photoviewers, wireless adapters, power adapters, remote controls, microphones, pho-tographic flash units, tripods, mounting devices for photographic equipment;cases and bags for photographic andcinematographic apparatus; webcams;cameras; digital cameras; audio equipment, namely speakers; computer graph-ics cards; gesture recognition software; motion detectors; virtual reality softwarefor use in enabling headsets, eyewear, computers, laptop computers, notebookcomputers, notebook computers, handheld computers, personal digital assist-ants, computerand video game apparatus adapted for use with television receiv-ers or other external display screens or monitors, videogame consoles andhandheld video game consoles to provide virtual reality experiences; cameralenses; image data capture devices, namely, video capture cards; electronicnoise cancelling apparatus inthe nature of headphones, headsets, earphonesand earplugs and microphones; tripods for electronic apparatus; cameramounts; high definition graphic chipsets; webcams; video cameras with built-inimage sensors and facial and gesture recognition capabilities

    U.S. ApplicationNo.

    86862502 Application Date 12/30/2015

    Registration Date NONE Foreign PriorityDate

    12/22/2015

    Word Mark RAZER

    Design Mark

    Description ofMark

    The mark consists of "RAZER" in stylized letters.

    Goods/Services Class 009. First use: First Use: 0 First Use In Commerce: 0

    Wearable computer peripherals; computerhardware; computer hardware for re-cording, organizing, transmitting, manipulating, reviewing, and receiving phonecalls, data, audio and video; computer peripherals for recording, organizing,transmitting, manipulating, reviewing, and receiving data; peripherals for mobiledevices; wearable peripherals for mobile devices; computer peripherals for mo-bile devices for recording, organizing, transmitting, manipulating, reviewing, andreceiving phone calls, data, audio and video;computer hardware for displayingphone calls, data, audio and video; computer peripherals for displaying phonecalls, data, audio and video; computer peripherals for mobile devices for display-ing phone calls, data, audio and video; computer software to enable the viewingand sharing of digital images, information and data available on global computernetworks; computer software used for uploading, downloading, storing, backingup, recording, organizing, transmitting, receiving, accessing, retrieving, man-aging, synchronizing and reviewing text, data, email, documents, images, videoand audio files, multimedia content, electronic location of mobile digital electron-ic devices; downloadable computer software, namely, downloadable mobile ap-plications forsetting up, configuring, and controlling wearable computer hard-ware and wearable computer peripherals; sunglasses; prescription eyewear;eyewear cases; socket sets comprised of spectacle parts, namely, eyeweartemple decorative covers; head-mounted devices with electronics, namely,head-mounted display screen devices;wristbands specially adapted for electron-ics, namely, electronically encoded identity wristbands; armbands with electron-ics; electronically encoded necklaces; Global Positioning System (GPS) device;

  • database synchronization software; computer software for use in accessing theinternet or other computer or communications networks; computer programs forpersonal information management; electronic mail and messaging software;computer displays; computer monitors; computers; laptop computers; notebookcomputers; handheld computers; personal digital assistants; computer and videogame apparatus adapted for use with television receivers,external displayscreens, and monitors;computer soundcards; computer mice; computer key-boards; computer keypads; computer mice mats; computer graphics tablets;graphics amplifiers; computer pens; computer joysticks; computer trackballs;computer game apparatus and video game controllers, namely, flight yokes,steering wheels, accelerator pedals, brake pedals and guns; motion controllersensors for use in playing computer and video games; audio equipment and ap-paratus, namely, earphones, headphones, microphones, headsets, loudspeak-ers; batteries and power supplies; computer operating system software andcomputer software drivers inthe nature of software used to control and operatecomputer peripherals; video and computer game software; computer softwarefor providing web-based access to applications and services through a web op-erating system or portal interface; computer software, namely, game enginesoftware for video game development and operation; graphical user interfacesoftware; interactive game software; virtual reality game software; computer andvideo games; tablet computers; computer hardware for telecommunications;computer bags, computer pouches, computer cases, sleeves, and covers adap-ted for holding and storing the aforementioned goods; computer software devel-opment tools; computer software for controlling the operation of audio and videodevices; software to control and improve audio equipment soundquality; Light-emitting diodes (LED); LED lighting for illumination of computerhardware, com-puter peripherals, sound and audio apparatus, namely, earphones, headphones,microphones, headsets, loudspeakers, sound bars and electronic devices,namely, computers, laptops, tablets, keyboards, keypads, computer mice,mousemats, web cameras, USB hubs, USB accessories, namely, cup warmersand fans, andmobile phones; electric controllers of LED lighting for indoor andoutdoor lighting systems; programmable LED lighting controls controlled bycomputer software; downloadable computer software for controlling LED light-ing; computer softwarefor controlling LED lighting; downloadable mobile applica-tion software for controlling LED lighting; computer application software andcomputer hardware for controlling lighting apparatus; photographic and cinema-tographic equipment, namely, cameras, video cameras, lenses, tripods, flashes,shutters, straps, filters, handles, camera mounts and supports, cases, and hous-ings; cases and housings for photographic equipment; cases and bags for pho-tographic and cinematographic apparatus; webcams; all of the aforementionedgoods primarily marketed for gaming use and/or gamers

    Class 014. First use: First Use: 0 First Use In Commerce: 0

    Horological and chronometric instruments; Cases for watches, and horologicaland chronometric instruments; Parts for watches, and horological and chrono-metric instruments; Chronographs for use as timepieces; Chronometers;Watches; Wrist watches; Watch bands; Wrist watch bands; Alarm watches;Stopwatches; Automatic watches; Electric watches; Digital watches;Timepieces;Watch straps; Watch boxes; Bracelets; Bracelet watches; charity wrist bands;Watches containing memory modules for memory function; Watches containinga game function; Dials for clock andwatch making; all of the aforemen-tionedgoods primarily marketed for gaming useand/or gamers

    Class 018. First use: First Use: 0 First Use In Commerce: 0

    Sport bags; satchels; messenger bags; travel bags; backpacks; knapsacks; allofthe aforementioned goods primarily marketed for gaming use and/or gamers

    Class 025. First use: First Use: 0 First Use In Commerce: 0

    Jackets, hoodies, sweatshirts, tank tops, polo shirts, t-shirts; headgear, namely,caps, beanies, sweatbands; all of the aforementioned goods primarily marketedfor gaming use and/or gamers

  • Class 028. First use: First Use: 0 First Use In Commerce: 0

    Video game apparatus other than those adapted for use with television receiv-ers; handheld video game apparatus other than those adapted for use with tele-visionreceivers; computer and video game controllers; carrying bags speciallyadaptedfor holding and storing video game apparatuses; all of the aforemen-tioned goodsprimarily marketed for gaming use and/or gamers

    Class 035. First use: First Use: 0 First Use In Commerce: 0

    Retail store services featuring gaming products, software, peripherals and ac-cessories related to the aforementioned goods; retail store services featuring awide variety of consumer goods, namely, computer hardware, computer soft-ware, laptops, tablets, notebooks, handheld computers, wearable peripherals forplaying computer and video games for use with augmented and virtual realitysoftware applications, wearable mobile electronic devices, computer mice, com-puter keyboards,computer keypads, computer pens, computer joysticks, com-puter trackballs, flight yokes for computer and video games, steering wheels forcomputer and video games, accelerator pedals and brake pedals for computerand video games, guns for computer and video games, motion sensors for com-puter and video games, eyewear, digital eyewear, handheld gamingdevices,parts and components for the wearable devices, computer and videogames, apparel, bags, cases and sleeves for laptops, tablets, notebooks, wear-able electronic devices, handheld computers and other electronics namely, com-puter mice, computer keyboards, computer keypads, video game controllers;demonstration of goods and services; online retail services for awide variety ofconsumer goods, namely,computer hardware, computer software, laptops, tab-lets, notebooks, handheld computers, wearable peripherals for playingcomputerand video games for use with augmented reality software applications; the bring-ing together, for the benefit of others, of a variety of goods, excluding the trans-port thereof, enabling customers to conveniently view and purchase those goodsfrom a general merchandise web site in the global communications network; ad-vertising; administrative processing of purchase orders; customer serviceman-agement for others; business advisory services relating to customer service forothers; advertising and marketing services provided for others by means of indir-ect methods of marketing communications, namely, social media and commu-nication media; promotional marketing services for sales to the public sector;searchengine optimization for sales promotion; advertising, promotional spon-sorship and business management for persons who participate in competitionsand events for computer games; all of the aforementioned services primarilymarketed for gaming use and/or gamers

    Class 036. First use: First Use: 0 First Use In Commerce: 0

    Financial sponsorship of education, training, entertainment, sporting and culturalactivities, namely, gaming competitions; all the aforementioned services primar-ily marketed for gaming use and/or gamers

    Class 038. First use: First Use: 0 First Use In Commerce: 0

    Telecommunications services, namely, telephone communication services, cel-lulartelephone services; electronic sending of data and documentation via the In-ternet; electronic transmission of data between computers and servers; provid-ing telecommunications access to websites and electronic news services onlineallowing the download of information and data; providing wireless telecommunic-ations via electronic communications networks; wireless digital messaging, andelectronic mail services, including services that enable a user to send and/or re-ceive messages through a wireless data network; telecommunications services,namely, transmission of webcasts; communication by computer, computer inter-communication; provision of telecommunications access and links to computerdatabases and the Internet; electronic transmission of streamedand download-able audio and video files via computer and other communications networks; de-livery of message by electronic transmission; provision of connectivity servicesand access to electronic communications networks, for transmission orreceptionof audio, video or multimediacontent; provision of telecommunications connec-

  • tions to electronic communication networks; providing telecommunication ac-cess to digital music web sites on theInternet; telecommunications services,namely, transmission of information, including web pages; streaming of videocontent via a global computer network; audio broadcasting; electronic transmis-sion of data via communications networks; providing online bulletin boards forthe transmission of messages among computer users concerning computergaming and entertainment; transmission of data by audiovisual apparatus con-trolled by data processing apparatus or computers; provision of telecommunica-tion access time to websites featuring multimedia materials; providing telecom-munication access to databases and directories via communications networksfor obtaining data in the fields of computer gaming and entertainment; providingusers with telecommunication access time to electronic communications net-works which feature software capable of identifying, locating, grouping, distribut-ing, and managing data and links tothird-party computer servers, computer pro-cessors and computer users; delivery of digital images by electronic transmis-sion; providing communications services,namely, voice over internet protocol(VOIP) peer-to peer communications, electronic transmission of data and docu-ments over computer terminals, and instant messaging services; electronictransmissionof mail; electronic messaging services;wireless broadcasting; audio,video andmultimedia broadcasting via the Internet and other communicationsnetworks; computer aided transmission of messages, data and images; virtualchatrooms established via text and audio messaging; communication services,namely, electronic transmission of data, images and voices among users ofcomputers; providing telecommunications access to the internet in acafé envir-onment; all of the aforementioned services primarily marketed for gaming useand/or gamers

    Class 042. First use: First Use: 0 First Use In Commerce: 0

    Application service provider (ASP) services featuring computer software for set-ting up, configuring, and controlling computer hardware and computer peripher-als; application service provider (ASP) services featuring software for authoring,downloading, transmitting, receiving, editing, extracting, encoding, decoding,displaying, storing and organizing text, graphics, images, and electronic publica-tions; design and development of user interfaces for computer devices for thepurposes of computer gaming; design and development of computer softwareand hardware for use in telecommunications and voice over internet protocol(VOIP) applications; providing temporary use of online, nondownloadable com-puter software that allows subscribers to utilize voice over Internet protocol(VOIP) communication services; providing online software for downloading byothers that allows subscribers to utilize voice over Internet protocol (VOIP) com-munication services; graphic design for the compilation of webpages on the In-ternet; providing information relating to the development and design of computerhardware or software provided online from a global computer network or the In-ternet; computerized data storage services, namely, recording of data, text, im-age, audio, video and multimedia content on optical, digital and magnetic mediafor electronic storage; hosting of an online searchable database oftext, data, im-age, audio, video, and multimedia content; computer time- sharingservices forcommunication apparatus; electronic storage of data, text, images,audio, andvideo; computerised data storage services for archiving electronic data; informa-tion and consultation in connection with electronic storage of data,text, images,audio, and video; information and consultation in the field of computerised datastorage services for archiving electronic data, namely, recording data for otherson optical, digital and magnetic media for electronic storage;design, mainten-ance, development and updating of computer software; informationtechnology(IT) consulting services; development of computer software application solu-tions; technical computer supportservices, namely, troubleshooting of problemsrelated to programming and software installation, repair and maintenance ofcomputer software; all of the aforementioned services primarily marketed forgaming use and/or gamers

    Class 045. First use: First Use: 0 First Use In Commerce: 0

  • Online social networking services; the aforementioned services primarily mar-keted for gaming use and/or gamers

    U.S. ApplicationNo.

    79248978 Application Date 04/05/2018

    Registration Date NONE Foreign PriorityDate

    10/06/2017

    Word Mark RAZER

    Design Mark

    Description ofMark

    NONE

    Goods/Services Class 009. First use: First Use: 0 First Use In Commerce: 0

    Apparatus for recording, transmission or reproduction of data, sound or im-ages;cellular and mobile telephones; digitaltelephones; handheld mobile digitalelectronic devices for recording, organizing, transmitting, manipulating, and re-viewing text, data, image, audio, and audiovisual files, for the sending and re-ceiving of telephone calls, electronic mail,and other digital data, for use as a di-gital format audio player, handheld computer, personal digital assistant, elec-tronic organizer, electronic notepad, camera, and global positioning system(GPS) electronic navigation device; Internet phones; mobile phone sets; mobilephones;mobile phones for use in vehicles; mobile telephones; mobile telecom-municationsapparatus, namely, wireless transmitters and receivers; multifunc-tional telephones; phone appliances, namely, telephonerecorders, telephone ap-paratus, and telephone call routers; portable telephones; smartphones; smart-phones in the shape of a watch, namely, smartwatches; telephone apparatus;telephones; video telephones; all of the aforementioned goods primarily mar-keted for gaming use and/or for gamers; all of the aforementioned goods exclud-ing televisions and future versions or iterations of televisions; computer applica-tion software for uploading, downloading, storing, backing up, recording, organ-izing, transmitting, receiving,accessing, retrieving, managing, synchronizing andreviewing text, data, email,documents, images, video and audio files, multimediacontent, electronic location of mobile digital electronic devices;smart armbandsspecially adapted for personal electronic devices, namely, mobile phones, tab-lets and personal media players; armbands specially adapted for personal elec-tronic devices, namely, mobilephones, tablets and personal media players; au-dio equipment and apparatus, namely, stereos, speakers, amplifiers, equalizers,crossovers and speaker housings; augmented reality and virtual reality gamesoftware; augmented reality and virtual reality software for use in enabling head-sets, eyewear, computers, laptop computers, notebook computers, handheldcomputers, personal digital assistants, computer and video game apparatus ad-apted for use with television receivers or other external display screens or monit-ors, video game consoles and handheld video game consoles to provide virtualreality experiences and augmented reality and virtual reality hardware, namely,virtual reality headsets, virtual reality glasses, computers, laptop computers,notebookcomputers, notebook computers, handheldcomputers, personal digitalassistants,computer and video game apparatus adapted for use with televisionreceivers or other external display screens or monitors, video game consolesand handheld video game consoles; augmented reality software for use in mo-bile devices for integrating electronic data with real world environments for usein industrial, manufacturing, enterprise, educational, military, or field service set-tings; bags, pouches, cases and covers adapted for holding and storing mobilephones, tablets, personal media players, laptop computers, notebook com-puters, virtual reality headsets, virtual reality glasses, and personal digital assist-ants; battery chargers; camera lenses; camera mounts; cameras; carrying cases

  • adapted for mobile phones; cases adapted for mobile phones; cases and bagsfor photographic and cinematographic apparatus; cases, housings, and ac-cessories for photographic equipment, namely, batteries, lenses, digital photoviewers, wireless adapters, power adapters, remote controls, microphones, pho-tographic flash units, tripods, mountingdevices for photographic equipment;cases for smartphones; chargers for electric batteries; computer game software;video game software; computer application software for mobile phones, digitaleyewear and other electronic mobile wearable devices for integrating electronicdata with real world environments for use in industrial, manufacturing, enter-prise, educational, military or field service setting; computer bags, computerpouches, computer cases, sleeves and covers; computer controls for lighting ap-paratus; computer displays; computer game software for use on mobile and cel-lular phones; computer graphics cards; computer tablets; computer hardware;computer hardware for displaying phone calls, data, audio and video; computerhardware for recording, organizing, transmitting, manipulating, reviewing, andreceiving phone calls,data, audio and video; computer hardware for telecommu-nications; computer joysticks other than for video games; computer keyboards;computer keypads; computer mice; computer mice mats; computer monitors;computer electronic pens; computer peripheral devices; data processing equip-ment in the nature of computer peripherals and input devices adapted for usewith computers, namely, mice, keyboards, joysticks, trackballs; computer peri-pherals for displaying phone calls, data, audio and video; computer peripheralsfor mobile devices for displaying phone calls, data, audio and video; computerperipherals for mobile devices for recording, organizing, transmitting, manipulat-ing, reviewing, and receiving phone calls, data, audio and video; computer peri-pherals for recording, organizing, transmitting, manipulating, reviewing, and re-ceiving data; computer programs for personal information management, namely,for downloading, organizing and storing personal information; computer softwarefor use in electronic storage of data; computer software and peripherals for re-cording, organizing, transmitting, manipulating, reviewing, and receiving audioand video,data, multimedia content, and phone calls; computer software applica-tions, downloadable, for use in electronic storage of data; computer software de-velopment tools; computer software drivers for operating the aforesaid computerperipherals; computer software for augmented reality and virtual reality for train-ing simulations for educational purposes; computer software for controlling theoperationof audio and video devices; computer software for enabling image re-cognition using augmented reality technology on electronic mobile devices; com-puter softwarefor tracking the location of mobile digital electronic devices; com-puter software for use in accessing the Internet or other computer or communic-ations networks; computer software to enable the transmission of photographsto mobile telephones; computer software used for uploading, downloading, stor-ing, backing up, recording, organizing, transmitting, receiving, accessing, retriev-ing, managing, synchronizing and reviewing text, data, email, documents, im-ages, video and audio files, multi-media content, electronic location of mobile di-gital electronic devices; computer sound cards; computer trackballs; computers;database synchronization software; devices for hands-free use of mobilephones; digital cameras; downloadable audio and video files, movies,ring tones,video games, television programs, pod casts and audio books via theInternetand wireless devices in the fields of news, entertainment and general interest;downloadable cloud computer software for use in database management, use inelectronic storage of data, use inconfiguration of hardware; downloadablecom-puter software, namely, downloadablecomputer software for controlling LEDlighting; downloadable computer software,namely, downloadable mobile applica-tions for setting up, configuring, and controlling wearable computer hardwareand wearable computer peripherals; downloadable graphics for mobile phones;downloadable ring tones for mobile phones; downloadable software for boostingthe speed and performance of game programmes and electronic devices; down-loadable software that allows subscribers to utilize voice over Internet protocol(VOIP) communication services; dustproof plugs for jacks of mobile phones;earphones; electronic and computer game programmes in the field of augmen-

  • ted reality and virtual reality; electronic devices used to locate lost articles em-ploying the global positioning system or cellular communication; electronic mailand messaging software; electronic personal organizers; electronic, scientific,photographic, cinematographic, optical and signaling apparatus and instrumentsfor use in augmented and virtual reality projects, namely, cameras, sensors,webcams, and video cameras with built-in image sensors and facial andgesturerecognition capabilities; electronically encoded identity wristbands; eyewearcases; galvanic cells; game engine software for video game development andoperation; gesture recognition software; Global Positioning System (GPS) navig-ation device; computer hardware, namely,graphics amplifiers; handheld com-puters; hands free devices for mobile-phones; hands free kits for phones; head -mounted display screen devices; headphones; telephone, smartphone, com-puter, virtual reality, and gaming headsets; headsets for mobile telephones; highdefinition graphic chipsets; holders adapted for mobile phones; image data cap-ture devices, namely, video capture cards; keyboards for mobile phones; key-boards for smart phones; laptop computers; laptops; leather cases for mobilephones; LED lighting specially adapted for the illumination of computer hard-ware, computer peripherals,sound and audio apparatus and electronic devices,including mobile devices; light emitting diode displays; light-emitting diodes(LED); local mobile telephone installations, namely, cellular transceivers and di-gital signal processors; local mobile telephone systems consisting ofmobile tele-phones and wireless transmitters; microphones; microprocessors and microcon-trollers to be incorporated in necklaces; mobile application software forenablingreal world views overlaid withdigital images, sound, video, and information usinga screen, smartphone, tablet, digital eyewear, or other mobile electronic wear-able devices; mobile communication computer terminals; mobile data pro-cessing apparatus; mobile data communications apparatus and instruments,namely, mobile data terminals, transmitters and receivers; mobile data instru-ments; mobile data receivers; mobile phone cases;mobile phone covers; mobilephone straps; mobile tablet computers; mobile telephone batteries; mobile, andhandheld computers; motion detectors; motion sensorsfor computer and videogames; computer mouse; mouse pads; noise cancelling apparatus in the natureof headphones, headsets, earphones and earplugs and microphones; note-books, namely, notebook computers; notebook computers; computer peripheralsfor mobile devices, for recording, accessing and transmitting data, images,audioand video; personal digital assistants; electric phone plugs; photographic andcinematographic equipment, namely,cameras, video cameras, batteries, lenses,digital photo viewers, wireless adapters, power adapters, remote controls, micro-phones, photographic flash units, tripods, mounting devices for photo-graphicequipment; plug adaptors; prescription eyewear; price comparison soft-ware; programmable light-emitting diodes (LED) controlled by computer soft-ware; protectiveand carrying bags adapted for holding and storing computerperipheral devices; protective films adapted for smartphones; downloadablesoftware that allows subscribers to utilize voice over Internet protocol (VOIP)communication services; rechargeable cellular telephone batteries; recognitionapparatus incorporating scanners; software to control and improve audio equip-ment sound quality; speakers in the nature of audio equipment; spectacle parts,namely, eyewear temple decorative covers; stands adapted for mobile phones;straps for mobile phones; touch sensitive electronic display screens withcustom-izable computer graphic use interfaces, graphic icons and interactive graphicscreens; tripods for electronic apparatus; tablet computers; tablets, namely, tab-let computers; universal serial bus hardware; USB cables for cellphones; graph-ical user interface software; video game computer programs for use with game-apparatus not requiring a separate means of display; virtual reality software;smartwatches that communicate data to smartphones; wearable computer peri-pherals; wearable mobile electronic devices; wearable computer peripherals formobile devices for uploading, downloading, storing, backing up, recording, or-ganizing, transmitting, receiving, accessing, retrieving, managing, synchronizingand reviewing text, data, email, documents, images, video and audio files, multi-media content, electronic location of mobile digital electronic devices; webcams;

  • wireless headsets for smartphones; apparatus for cable management in thenature of cable accessories for the aforementioned goods; batteries and powersupplies for theaforementioned goods; computer softwareand computer soft-ware drivers for operating the aforementioned goods; packaged or downloadedinstruction manuals in electronic format sold as a unit for the aforesaid goods;structural parts and spare parts of the aforementioned goods as far as includedin this class; stands, covers, cases, holsters, power adaptors, and wired andwireless remote controls for the aforementioned goods; all of the aforemen-tioned primarily marketed for gaming use and/or for gamers

    Class 035. First use: First Use: 0 First Use In Commerce: 0

    Business administration of consumer loyalty programs; administrative processin-gof purchase orders; advertisement via mobile phone networks; advertising ser-vices; advertising services, namely, sponsorship, in the nature of promotion andmarketing services, of competitions and events for computer games and busi-ness management of persons who participate in competitions and events forcomputer games; advertising services, namely, sponsorship in the nature of pro-motion and marketing services, of competitions and events for computer games;advisory services relating to customer service management for others; businessinformation services; business information management, namely, providing elec-tronic reporting of business information; business analytics, namely, providingbusiness information and analytics regarding the sale of products and servicesof others, and relatingto the authenticating, processing and management of mo-bile payment; business information management, namely, electronicreporting ofbusiness analytics relating to payment processing, authentication and tracking;business management and organization consultancy; business management ofreimbursement programs for others; business research; commercial informationand advice for consumers (consumer advice shop); compilation of informationinto computer databases; customer service management for others; demonstra-tion of goods and services by electronic means; retail store services featuringvideo games, wholesale store services featuring video games, and sales promo-tion services relating to discounted goods; distribution services, namely, onlineretail store services featuring video games; drawing up of statements of ac-counts, namely, preparation of financial statements; electronic processing of or-ders for others; facilitating the exchange and sale of services and products ofthird partiesvia computer and communication networks; invoicing; issuing andproviding receipts for electronic payments and payment transactions; businessmanagement of credit cards, debit cards, gift cards, virtual currency, coupons,vouchers, prepaidcards, stored value cards and other forms of payment transac-tions for business purposes; marketing services; marketing,advertising and pro-motion services; on-line advertising on a computer network; online retail storeservices featuring general consumer merchandise; online retail store servicesprovided via a global computer network featuring computers, computer software,computer peripherals, mobile phones, smart phones, application software andconsumer electronics, and demonstration of products relating thereto; operationand supervision of sales and promotional incentive schemes to promote the saleof products and services of others; organisation, operation and supervision ofsales and promotional incentive schemes to promote the sale of products andservices of others; presentation of goods on communication media, for retail pur-poses, namely, providing online shopping services in the field of generalcon-sumer merchandise; promoting the goods and services of others via computerand communication networks; promotional marketing services; provision of anon-line marketplace via a website for the exchanging of goods and services; pro-visionof an on-line virtual marketplace featuring general consumer merchandise;providing business directory information via an electronic cloud-based database;provision of market research information; retail store sale services featuringgaming products, software, peripherals, and accessories; retail store servicesfeaturing general consumer merchandise; retailstore services featuring generalconsumer merchandise; retail store services featuring computer, electronic andentertainment products, telecommunications apparatus, mobile phones, hand-

  • held mobile digital electronic devices, and other consumer electronics, computersoftware, andaccessories, peripherals, and carrying cases for such products,provided via theInternet and other computer, electronic and communicationsnetworks; retail store services featuring computers, computer software, com-puter peripherals, mobile phones, smart phones, application software and con-sumer electronics, and demonstration of products relating thereto; sales promo-tion by issuing redeemable coupons, for others; sales promotion through busi-ness administration of customer loyalty programmes; search engine optimizationfor sales promotion; the bringing together, for the benefit of others, of avariety ofgoods, excluding the transport thereof, enabling customers to conveniently viewand purchase those goods in the field of general consumer merchandise from ageneral merchandise web site inthe global communications network; all of theaforementioned primarily marketedfor gaming use and/or for gamers

    Class 038. First use: First Use: 0 First Use In Commerce: 0

    Audio broadcasting, namely, broadcasting music, concerts, and radio programs,via a global computer network, streaming of audio content via a global computernetwork; audio, video and multimedia broadcasting via the Internet and othercommunications networks; broadcasting or transmission of radio and televisionprogrammes; cellular telephone communication; communication and telecom-munication services, namely, telephone communication services, cellular tele-phone services, providing electronic message alerts via theinternet, transmis-sion of web pages, podcasts and webcasts, and transmission ofdigital content;communication between computers, namely, electronic transmission of data, im-ages, audio, video, documents and text among users of computers; communica-tion by computer terminals; computer intercommunication, namely, communica-tion among computer terminals; communication services for the electronic trans-mission of data, images and voices; communication services in the form ofmatching users for the transfer of music, video and audio recordings via commu-nicationnetworks, namely, peer-to-peer exchangeservices for music, video andaudio recordings; communications by cellular phones; communications by elec-tronic computer terminals; communications by means of mobile phones; com-puter aided electronictransmission of messages, data and images; computer in-tercommunication services, namely, electronic transmission of data, images, au-dio, video, documents and text among users of computers; delivery of digital im-ages via wireless communication networks and the internet; delivery of digitalmusic by telecommunications via wireless communication networks and the in-ternet; delivery of digital music, video and other multimedia works by telecom-munications via wireless communication networks and the internet; deliveryofmessages by electronic transmission; electronic bulletin board services; elec-tronic communications consultancy; electronic mail and messaging services,namely,transmission of electronic mail and messages; electronic mail services,namely,electronic transmission of e-mail; electronic transmission of digital audioandvideo files via communications networks; electronic transmission of data anddocumentation via the Internet or other databases; electronic transmission ofdatabetween computers and servers; electronic transmission of data via com-munications networks; electronic transmission of streamed and downloadableaudio and video files via computer and other communications networks; facsim-ile transmission, communication, message storage and transmission services;information about telecommunication; Internet cafe services being the provisionof telecommunications access to the Internet through providingtelecommunica-tion connections to the internet in a café environment; mobile telephone com-munication; mobile telephone communication services; mobile telephone ser-vices; news agency services for electronic transmission; one- way and two-waypaging services; telecommunications services, namely, providing access tosearch engines; providing access to digital music web sites on the Internet;providing access to web sites on the Internet; providing of user access to the In-ternet;providing electronic online bulletin boards for the transmission of mes-sages among computer users concerning computer gaming and entertainment;telecommunications services, namely, providing access to search engines for

  • obtaining data on aglobal computer network; providing telecommunication ac-cess to databases and directories on a database via communications networksfor obtaining data in the fields of computer gaming and entertainment; providingtelecommunication access todigital music and MP3 web sites on the Internet;providing telecommunication access to web sites on the Internet; providing tele-communications access to websites and electronic news services online allow-ing the download of information and data; providing telecommunications connec-tions to the Internet or databases; providing temporary Internet access that willallow users to use online non-downloadable software to enable users to pro-gram audio, video, text and other multimedia content; Internet service provider(ISP), namely, providing user access to theInternet; providing users with tele-communication access time to electronic communications networks with meansof identifying, locating, grouping, distributing,and managing data and links tothird-party computer servers, computer processors and computer users; provid-ing wirelesstelecommunications via electronic communications networks; provi-sion of connectivity services and access to electronic communications networks,for transmission or reception of audio, video or multimedia content; provision oftelecommunication access time to websites featuring multimedia materials;providing users with telecommunications access and links tocomputer data-bases and the Internet to access data in the field of computer gaming and enter-tainment; provision of telecommunications connections to computer databasesand the Internet; provision of telecommunications connections to electronic com-munication networks; provision of telecommunications connections to the Inter-net or computer databases; rental and hire of communication apparatus andelectronic mailboxes; rental and hire of communications apparatus and of elec-tronic mailboxes; rental of access time to the Internet to use online non-downloadable software to enable users to program audio, video, text and othermultimedia content; streaming of video content via aglobal computer network;streaming of video content, streaming and subscriptionaudio broadcasting ofspoken word, music, concerts, and radio programs, broadcasting prerecordedvideos featuring musicand entertainment, television programs,motion pictures,news, sports, games, cultural events, computer gaming and entertainment-re-lated programs of all kinds,via computer and other communications networks;subscription audio broadcastingservices via a global computer net-work;telecommunication access services; telecommunication of information, in-cluding web pages, computer programs and any other data; telecommunicationsconsultation; telephone communication services; telex, namely, telegraphy, tele-gram and mobile and video telephone services; provision of telecommunicationaccess services for communication apparatus used in timesharing; transmissionof data and news by electronic means; transmission of dataand of information byelectronic means,computer, cable, radio, teleprinter, telephone, mobile phone,electronic mail, telecopier, television, microwave, laserbeam, communicationssatellite or electronic communication means; electronic transmission of data byaudiovisual apparatus controlled by data processing apparatus or computers;electronic transmission of data by audio-visual apparatus controlled by data pro-cessing apparatus or computers; transmission of digital files;video broadcasting,broadcasting prerecorded videos featuring music and entertainment, televisionprograms, motion pictures, news, sports, games, cultural events, computer gam-ing and entertainment-related programs of all kinds, via a global computer net-work; virtual internet chatrooms established via text and audio messaging; webcasting services; webcasting services, namely, broadcasting via theinternet;wireless broadcasting; wireless telephone services; information, advisory andconsultancy services relating to all the aforesaid; all of the aforementionedprimarily marketed for gaming useand/or for gamers

    Class 042. First use: First Use: 0 First Use In Commerce: 0

    Application service provider (ASP) services featuring computer software for set-ting up, configuring, and controlling computer hardware and computer peripher-als; application service provider (ASP) services featuring software for authoring,downloading, transmitting, receiving, editing, extracting, encoding, decoding,

  • displaying, storing and organizing text, graphics, images, and electronic publica-tions; application service provider (ASP) services featuring software that enablesusers to play and program music and audio, video, text and multimedia content,and software featuring musical sound recordings, audio, video, text and multi-media content; application service provider featuring application programminginterface (API) software for integration offinancial transactions into websites andmobile applications; computer consulting and technology support services forscanning information into computer discs;computer data recovery; computerhardware design and development and computer software consulting services;computer programming; computer services, namely, creating, organizing andmanaging websitesfor online communities relating to digital media, interactivetechnology, consumer electronics, gaming, and virtual reality; computer ser-vices, namely, design and development of augmented reality andvirtual realitygame software and hardware for others; computer support services, namely,programming and software installation, repair and maintenance services; com-puter timesharing services for communication apparatus; technical diagnostictesting services for computers, mobile phones and consumer electronics; com-puterised data storage services for archiving electronic data; electronic compu-terized data storage services; electronic computerized data storage services fortext, data, image, audio, video, and multimedia content; hosting internet plat-forms for payment processing and transfer; consultancy in the field of softwaredesign; technological consulting services inthe field of selection, implementationand use of computer hardware, computer software and consumer electronic sys-tems for others; consulting services in the field of selection, implementation anduse of computer hardware and computer software for the operation of consumerelectronic systems for others in the nature of audio, audiovisual and home andportable entertainment systems and devices; creating and maintaining websites;creating an on-line virtual environment in the nature of creating an on-line mar-ketplace for the trading of goods and services;data migration services; designand development of computer game software; design and development of com-puter hardware and software; design and development of computer softwareand hardware for use in telecommunications and voice over Internet protocol(VOIP) applications; design and development of software in the field of mobileapplications; design and development of user interface for application software;design and development of user interfaces for computer devices forthe purposesof computer gaming; designand development of user interfaces for computergaming; design and development of video games and games software; designof mobile telephones; design of telecommunications apparatus and equipment;design, maintenance, development and updating of computer software; design-ing, creating, maintaining and hosting online retail and electronic commercewebsites for others; designing, programming, or providing maintenance of com-puter programs for use in electronic commerce transactions; designing, pro-gramming, or providing maintenance of computer programs software for authen-ticating users in electronic commerce transactions; designing, programming, orproviding maintenance of Internet websites for electronic commerce transac-tions; development of computer software application solutions; development ofsoftware; development, maintenance and updating of a telecommunication net-work search engine; electronic storage ofdata, text, images, audio, and video;electronic data storing of traditional currency and virtual currency via electronicwallets; computer security services for protection of virtual currency through re-stricting unauthorized access to electronic wallets; hosting an electronic financialplatform connected to a global network to facilitate secure peer-to-peer financialtransactions; graphic designfor the compilation of web pages on theInternet;hosting a website for the uploading, sharing, viewing and posting of photo-graphs, digital images, movies, videos, online journals, namely, web blogs ingeneral interest fields, computer gaming, and other related multimedia entertain-ment materials over a global computernetwork; application service provider(ASP), namely, hosting computer software applications of others; hosting of asocial networking website; hosting of an online website featuring a searchabledatabase of text, data, image, audio, video,and multimedia content; hosting the

  • websites of others; industrial analysis andresearch services in the field of com-puter hardware and software; information and consultation in connection withcomputerised data storage services for archiving electronic data; informationand consultation in connection with electronic storage of data, text, images, au-dio, and video; information relating to development of computer softwareprovided online from a global computer network or the Internet; information relat-ing to the design and development of computer hardware provided online from aglobal computernetwork or the Internet; information technology (IT) servicesdesign and technical consultancy services in the field ofcomputer hardware,software, and peripherals design (computer hardware, software and peripheralsdesign and technical consultancy); information, advice and consultancy in rela-tion to all the aforesaid services; installation, updating, maintenance and repairof computer software and application software; mobile smartphone data recov-ery; multimedia and audiovisual software development consulting services;providing search engines for theInternet; platform as a service (PaaS) servicesfeaturing games monetization computer platform software for providing avirtualcurrency for use in video gamesby members of an on-line community via a glob-al computer network; providing a secure website and web-based application-sand software that enable users to remotely access, send, receive, transfer,store, and manage digital currency; providing and hosting an online interfaceand network environment that features technology that enables participants tosolicit, collect, modify, store, organize, transmit and manage user data and in-formation; providing computer programs for use in electronic commerce transac-tions; providing mapping services and mapping information via computers, tele-communication networks, mobile phones, hand-held devices and wireless navig-ation devices; providing online information in the field ofsoftware and hardwaredevelopment for use with augmented reality and virtual reality applications;providing temporary use of on-line non-downloadable softwareand software plat-forms for facilitating, enabling and processing electronic payments and datatransmission including via mobile phones, processing of real-timepayments, pro-cessing of Internet or direct connect or computer network based transactions,processing of financial transactions and transmission of photographic images,text, graphics and data; providing search engines for electronic commerce trans-actions on a global computer network; providing search engines for obtainingdata on a global computer network;providing temporary use of non-downloadable computer software that allows usersto send, receive, transfer,store, and safeguard digital currency; providing temporary use of online, non-downloadable computer software that allows subscribers to utilize voice over In-ternet protocol (VOIP) communication services; scientific and technological ser-vices and research and design relating thereto, namely,research and analysis inthe field of computer hardware and software; smartphone software design; soft-ware as a serviceand platform as a service (SaaS and PaaS) featuring computersoftware platformsfor the trading of goods and services; software creation in thenature of software design and development; software design and development;support and consultation services for developing computer systems, databasesand applications, namely, development of software applicationsand develop-ment of databases; technological consulting relating to the maintenance in thenature of diagnosing problemswith computers, mobile phones and consumerelectronics; technical support services, namely, troubleshooting computer hard-ware, computer peripheral, computer software, mobile phone hardware, applica-tion software and consumer electronic devices in the nature of diagnosing com-puterhardware and software problems; unlocking of mobile phones; updating ofsmartphone software; computer time sharing services for communication appar-atus; all ofthe aforementioned primarily marketed for gaming use and/or forgamers

    Attachments 79105582#TMSN.png( bytes )86304917#TMSN.png( bytes )

  • 79188796#TMSN.png( bytes )86862502#TMSN.png( bytes )79248978#TMSN.png( bytes )Razer Opposition to AEZER stylized application.pdf(201424 bytes )

    Signature /sabel/

    Name Sally M. Abel

    Date 03/23/2020

  • IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

    In the matter of Trademark Application Serial No. 88544373 Filed: July 29, 2019 Published: November 26, 2019 Mark: AEZER (in stylized letters) ) RAZER (ASIA-PACIFIC) PTE. LTD., ) Opposer, ) ) Opposition No. vs. ) ) SHENZHEN SHAREWAY ELECTRONICS ) CO., LTD., ) Applicant. ) )

    NOTICE OF OPPOSITION

    Razer (Asia-Pacific) Pte. Ltd. (“Razer” or “Opposer”), a Singapore corporation having a

    principal place of business at 514 Chai Chee Lane #07-05, Singapore, 469029, believes that it will

    be damaged by registration of the mark AEZER (in stylized letters) (“Applicant’s Mark”) shown

    in Application Serial No. 88544373 (the “Application”), and hereby opposes the Application.

    As grounds for this opposition, Razer alleges as follows:

    1. Upon information and belief, applicant Shenzhen Shareway Electronics Co., Ltd.

    (“Shenzhen Shareway” or “Applicant”) is a China limited company with an address at 3/F,

    Building 2, Jingwan, Gushujingwan, New Village, Xixiang Street, Bao'an Dist., Shenzhen, China

    518101.

    2. The Application, based solely on use in commerce, was filed July 29, 2019. As shown

    by the publication of Applicant’s Mark in the November 26, 2019 issue of the Official Gazette,

    Applicant seeks to register the mark in International Class 9 for “Battery chargers; Blank flash

  • 2

    memory cards; Cabinets for loudspeakers; Electric wires; Media players; Rechargeable electric

    batteries; Smartphones; Solar batteries; Solar panels for the production of electricity; TV cameras;

    Wireless ear buds.”

    3. Upon information and belief, as of the filing date of the Application, Applicant was

    not using Applicant’s Mark in commerce in connection with all the goods identified in the

    Application, and the Application is therefore void ab initio.

    4. Opposer is the owner of United States trademark registrations and applications for

    RAZER and other RAZER-inclusive marks (the “RAZER Marks”), including but not limited to

    the following:

    Mark Registration or Application Number and Date

    Goods and Services

    RAZER Reg. No. 5056617 Filed 8/24/11 Registered 10/11/16

    IC 9: Computers; laptop computers; notebook computers; handheld computers; personal digital assistants; computer and video game apparatus adapted for use with television receivers or other external display screens or monitors; computer displays; computer monitors; computer hardware; computer soundcards; computer peripherals; computer and video game controllers; computer mice; computer keyboards; computer keypads; computer graphics tablets; computer pens; computer joysticks; computer trackballs; Computer game apparatus and video game controllers, namely, flight yokes, steering wheels, accelerator pedals, brake pedals and guns; motion controller sensors for use in playing computer and video games; apparatus for recording, transmission or reproduction of data, sound or images; audio equipment and apparatus, namely, earphones, headphones, microphones, headsets, loudspeakers; batteries and power supplies; computer operating system software and computer software drivers in the nature of software used to control and operate computer peripherals; video and computer game software; computer mice mats; computer bags, computer pouches, computer cases, sleeves and covers adapted for holding and storing the aforementioned goods; all of the aforementioned goods primarily marketed for gaming use and/or gamers; and all of the foregoing goods specifically excluding phones, phablets and televisions. IC 18: Bags, namely, messenger bags; travel bags; backpacks; knapsacks; satchels; all of the aforementioned goods primarily

  • 3

    marketed for gaming use and/or gamers. IC 25: Clothing, namely, polo shirts; T-shirts; jackets; hoodies; sweatshirts; tank tops; headgear, namely, caps, beanies, bandanas; sweatbands; all of the aforementioned goods primarily marketed for gaming use and/or gamers. IC 28: Video game apparatus other than those adapted for use with television receivers; handheld video game apparatus other than those adapted for use with television receivers; carrying bags specially adapted for holding and storing video game apparatuses; all of the aforementioned goods primarily marketed for gaming use and/or gamers.

    RAZER Reg. No. 5932191 Filed 6/10/14 Registered 12/10/19

    IC 9: Wearable computer peripherals; computer hardware; computer hardware for recording, organizing, transmitting, manipulating, reviewing, and receiving phone calls, data, audio and video; computer peripherals for recording, organizing, transmitting, manipulating, reviewing, and receiving data; peripherals for mobile devices; wearable peripherals for mobile devices; computer peripherals for mobile devices for recording, organizing, transmitting, manipulating, reviewing, and receiving phone calls, data, audio and video; computer hardware for displaying phone calls, data, audio and video; computer peripherals for displaying phone calls, data, audio and video; computer peripherals for mobile devices for displaying phone calls, data, audio and video; computer software to enable the viewing and sharing of digital images, information and data available on global computer networks; computer software used for uploading, downloading, storing, backing up, recording, organizing, transmitting, receiving, accessing, retrieving, managing, synchronizing and reviewing text, data, email, documents, images, video and audio files, multi-media content, electronic location of mobile digital electronic devices; downloadable computer software, namely, downloadable mobile applications for setting up, configuring, and controlling wearable computer hardware and wearable computer peripherals; Sunglasses; Prescription eyewear; Eyewear cases; Socket sets comprised of spectacle parts, namely, eyewear temple decorative covers; head-mounted devices with electronics, namely, head-mounted display screen device; wristbands specially adapted for electronics, namely, electronically encoded identity wristbands; armbands with electronics; electronically encoded necklaces; Global Positioning System (GPS) device; database synchronization software; and computer software for use in accessing the internet or other computer or communications networks; computer programs for personal information management; electronic mail and messaging software; all of the aforementioned goods primarily marketed for gaming use

  • 4

    and/or gamers. RAZER App. No. 79188796

    Filed 4/19/16 IC 9: Computer application software for electronic storage, backup, transmission, sharing and management of third party applications, user content, information and data; Computer application software for mobile devices, namely, software for electronic storage, backup, transmission, sharing and management of third party applications, user content, information and data; Computer application software for mobile devices, namely, software that allows users to sync and manage third party applications, user content, information and data, across multiple devices; Computer application software for processing, organising and viewing text and digital images; Computer application software for processing and organising audio files; Computer application software for use in connection with the electronic storage, transmission, presentation, verification, authentication, and redemption of coupons, rebates, discounts, incentives, and special offers; Computer application software for use in connection with consumer loyalty programs and loyalty cards used to access and use loyalty points; Computer application software used to process mobile payments; Computer application software for transmitting, processing, facilitating, verifying, and authenticating credit and debit card information and transaction and payment information; Computer application software for ensuring the security of mobile payments via mobile devices and of credit and debit card information; Computer application software for the storage, transmission, verification, and authentication of credit and debit card and other payment and transaction information; Computer application software for use in recording, producing, broadcasting, and editing of video and audio to and from a virtual camera device via wired and wireless networks; Downloadable cloud computer application software for use in recording, uploading, transmitting, broadcasting, editing, producing, and managing text, audio, and visual data to and from a video camera device and mobile application via wired and wireless networks; Downloadable computer application software to enable the uploading, posting, sharing, tagging, and rating of information, data, and multimedia content over the internet and other communications networks; Downloadable computer application software for broadcasting video clips, audio clips, images, photos, and other multimedia content over the internet and other communications networks; Computer application software for creating, managing and participating in electronic gaming tournaments, competitions and qualifiers; Computer programs for the playing of games; Computer application software for the synchronisation of peripherals with computer games; Computer application software for data streaming; Computer application software for data processing; Computer application software for social networking services via the internet; Computer

  • 5

    application software for internet portals, chatrooms and internet forums; Computer application software for automatic monitoring of price changes; Computer application software to enable searching of data; Augmented reality software for use in mobile devices for integrating electronic data with real world environments; software for downloading by others that allows subscribers to utilize voice over Internet protocol (VOIP) communication services; price comparison software; downloadable cloud computer software for use in database management, use in electronic storage of data, use in configuration of hardware; downloadable software for boosting the speed and performance of game programmes and electronic devices; computer software development tools; game engine software for video game development and operation; computer software for controlling the operation of audio and video devices; software to control and improve audio equipment sound quality; touch sensitive electronic screens with customizable computer graphic use interfaces, graphic icons and interactive graphic screens; user interface software; computer software for tracking the location of mobile digital electronic devices; light-emitting diodes (LED); LED lighting specially adapted for the illumination of computer hardware, computer peripherals, sound and audio apparatus and electronic devices, including mobile devices; light emitting diode displays; programmable light-emitting diodes LED controlled by computer software; downloadable computer software, namely, downloadable computer software for controlling LED lighting; computer controls for lighting apparatus; Cameras; apparatus for recording, transmission, storage and reproduction of photographic, video, audio, and multimedia content; cases, housings, and accessories for cameras, namely, batteries, lenses, digital photo viewers, wireless adapters, power adapters, remote controls, microphones, photographic flash units, tripods, mounting devices for photographic equipment; cases and bags for photographic and cinematographic apparatus; webcams; cameras; digital cameras; audio equipment, namely speakers; computer graphics cards; gesture recognition software; motion detectors; virtual reality software for use in enabling headsets, eyewear, computers, laptop computers, notebook computers, notebook computers, handheld computers, personal digital assistants, computer and video game apparatus adapted for use with television receivers or other external display screens or monitors, video game consoles and handheld video game consoles to provide virtual reality experiences; camera lenses; image data capture devices, namely, video capture cards; electronic noise cancelling apparatus in the nature of headphones, headsets, earphones and earplugs and microphones; tripods for electronic apparatus; camera mounts; high definition graphic chipsets; webcams; video cameras with built-in image sensors and facial and gesture recognition capabilities

  • 6

    RAZER and Design

    App. No. 86862502 Filed 12/30/15

    IC 9: Wearable computer peripherals; computer hardware; computer hardware for recording, organizing, transmitting, manipulating, reviewing, and receiving phone calls, data, audio and video; computer peripherals for recording, organizing, transmitting, manipulating, reviewing, and receiving data; peripherals for mobile devices; wearable peripherals for mobile devices; computer peripherals for mobile devices for recording, organizing, transmitting, manipulating, reviewing, and receiving phone calls, data, audio and video; computer hardware for displaying phone calls, data, audio and video; computer peripherals for displaying phone calls, data, audio and video; computer peripherals for mobile devices for displaying phone calls, data, audio and video; computer software to enable the viewing and sharing of digital images, information and data available on global computer networks; computer software used for uploading, downloading, storing, backing up, recording, organizing, transmitting, receiving, accessing, retrieving, managing, synchronizing and reviewing text, data, email, documents, images, video and audio files, multimedia content, electronic location of mobile digital electronic devices; downloadable computer software, namely, downloadable mobile applications for setting up, configuring, and controlling wearable computer hardware and wearable computer peripherals; sunglasses; prescription eyewear; eyewear cases; socket sets comprised of spectacle parts, namely, eyewear temple decorative covers; head-mounted devices with electronics, namely, head-mounted display screen devices; wristbands specially adapted for electronics, namely, electronically encoded identity wristbands; armbands with electronics; electronically encoded necklaces; Global Positioning System (GPS) device; database synchronization software; computer software for use in accessing the internet or other computer or communications networks; computer programs for personal information management; electronic mail and messaging software; computer displays; computer monitors; computers; laptop computers; notebook computers; handheld computers; personal digital assistants; computer and video game apparatus adapted for use with television receivers, external display screens, and monitors; computer soundcards; computer mice; computer keyboards; computer keypads; computer mice mats; computer graphics tablets; graphics amplifiers; computer pens; computer joysticks; computer trackballs; computer game apparatus and video game controllers, namely, flight yokes, steering wheels, accelerator pedals, brake pedals and guns; motion controller sensors for use in playing computer and video games; audio equipment and apparatus, namely, earphones, headphones, microphones, headsets, loudspeakers; batteries and power supplies; computer operating system software and computer software drivers in the nature of software used to control and operate computer peripherals; video and computer

  • 7

    game software; computer software for providing web-based access to applications and services through a web operating system or portal interface; computer software, namely, game engine software for video game development and operation; graphical user interface software; interactive game software; virtual reality game software; computer and video games; tablet computers; computer hardware for telecommunications; computer bags, computer pouches, computer cases, sleeves, and covers adapted for holding and storing the aforementioned goods; computer software development tools; computer software for controlling the operation of audio and video devices; software to control and improve audio equipment sound quality; Light-emitting diodes (LED); LED lighting for illumination of computer hardware, computer peripherals, sound and audio apparatus, namely, earphones, headphones, microphones, headsets, loudspeakers, sound bars and electronic devices, namely, computers, laptops, tablets, keyboards, keypads, computer mice, mouse mats, web cameras, USB hubs, USB accessories, namely, cup warmers and fans, and mobile phones; electric controllers of LED lighting for indoor and outdoor lighting systems; programmable LED lighting controls controlled by computer software; downloadable computer software for controlling LED lighting; computer software for controlling LED lighting; downloadable mobile application software for controlling LED lighting; computer application software and computer hardware for controlling lighting apparatus; photographic and cinematographic equipment, namely, cameras, video cameras, lenses, tripods, flashes, shutters, straps, filters, handles, camera mounts and supports, cases, and housings; cases and housings for photographic equipment; cases and bags for photographic and cinematographic apparatus; webcams; all of the aforementioned goods primarily marketed for gaming use and/or gamers. IC 14: Horological and chronometric instruments; Cases for watches, and horological and chronometric instruments; Parts for watches, and horological and chronometric instruments; Chronographs for use as timepieces; Chronometers; Watches; Wrist watches; Watch bands; Wrist watch bands; Alarm watches; Stopwatches; Automatic watches; Electric watches; Digital watches; Timepieces; Watch straps; Watch boxes; Bracelets; Bracelet watches; charity wrist bands; Watches containing memory modules for memory function; Watches containing a game function; Dials for clock and watch making; all of the aforementioned goods primarily marketed for gaming use and/or gamers. IC 18: Sport bags; satchels; messenger bags; travel bags; backpacks; knapsacks; all of the aforementioned goods primarily marketed for gaming use and/or gamers.

  • 8

    IC 25: Jackets, hoodies, sweatshirts, tank tops, polo shirts, t-shirts; headgear, namely, caps, beanies, sweatbands; all of the aforementioned goods primarily marketed for gaming use and/or gamers. IC 28:Video game apparatus other than those adapted for use with television receivers; handheld video game apparatus other than those adapted for use with television receivers; computer and video game controllers; carrying bags specially adapted for holding and storing video game apparatuses;; all of the aforementioned goods primarily marketed for gaming use and/or gamers. IC 35: Retail store services featuring gaming products, software, peripherals and accessories related to the aforementioned goods; retail store services featuring a wide variety of consumer goods, namely, computer hardware, computer software, laptops, tablets, notebooks, handheld computers, wearable peripherals for playing computer and video games for use with augmented and virtual reality software applications, wearable mobile electronic devices, computer mice, computer keyboards, computer keypads, computer pens, computer joysticks, computer trackballs, flight yokes for computer and video games, steering wheels for computer and video games, accelerator pedals and brake pedals for computer and video games, guns for computer and video games, motion sensors for computer and video games, eyewear, digital eyewear, handheld gaming devices, parts and components for the wearable devices, computer and video games, apparel, bags, cases and sleeves for laptops, tablets, notebooks, wearable electronic devices, handheld computers and other electronics namely, computer mice, computer keyboards, computer keypads, video game controllers; demonstration of goods and services; online retail services for a wide variety of consumer goods, namely, computer hardware, computer software, laptops, tablets, notebooks, handheld computers, wearable peripherals for playing computer and video games for use with augmented reality software applications; the bringing together, for the benefit of others, of a variety of goods, excluding the transport thereof, enabling customers to conveniently view and purchase those goods from a general merchandise web site in the global communications network; advertising; administrative processing of purchase orders; customer service management for others; business advisory services relating to customer service for others; advertising and marketing services provided for others by means of indirect methods of marketing communications, namely, social media and communication media; promotional marketing services for sales to the public sector; search engine optimization for sales promotion; advertising, promotional

  • 9

    sponsorship and business management for persons who participate in competitions and events for computer games; all of the aforementioned services primarily marketed for gaming use and/or gamers. IC 36: Financial sponsorship of education, training, entertainment, sporting and cultural activities, namely, gaming competitions; all the aforementioned services primarily marketed for gaming use and/or gamers. IC 38:Telecommunications services, namely, telephone communication services, cellular telephone services; electronic sending of data and documentation via the Internet; electronic transmission of data between computers and servers; providing telecommunications access to websites and electronic news services online allowing the download of information and data; providing wireless telecommunications via electronic communications networks; wireless digital messaging, and electronic mail services, including services that enable a user to send and/or receive messages through a wireless data network; telecommunications services, namely, transmission of webcasts; communication by computer, computer intercommunication; provision of telecommunications access and links to computer databases and the Internet; electronic transmission of streamed and downloadable audio and video files via computer and other communications networks; delivery of message by electronic transmission; provision of connectivity services and access to electronic communications networks, for transmission or reception of audio, video or multimedia content; provision of telecommunications connections to electronic communication networks; providing telecommunication access to digital music web sites on the Internet; telecommunications services, namely, transmission of information, including web pages; streaming of video content via a global computer network; audio broadcasting; electronic transmission of data via communications networks; providing online bulletin boards for the transmission of messages among computer users concerning computer gaming and entertainment; transmission of data by audiovisual apparatus controlled by data processing apparatus or computers; provision of telecommunication access time to websites featuring multimedia materials; providing telecommunication access to databases and directories via communications networks for obtaining data in the fields of computer gaming and entertainment; providing users with telecommunication access time to electronic communications networks which feature software capable of identifying, locating, grouping, distributing, and managing data and links to third-party computer servers, computer processors and computer users; delivery of digital images by electronic transmission; providing communications services, namely, voice over internet

  • 10

    protocol (VOIP) peer-to peer communications, electronic transmission of data and documents over computer terminals, and instant messaging services; electronic transmission of mail; electronic messaging services; wireless broadcasting; audio, video and multimedia broadcasting via the Internet and other communications networks; computer aided transmission of messages, data and images; virtual chatrooms established via text and audio messaging; communication services, namely, electronic transmission of data, images and voices among users of computers; providing telecommunications access to the internet in a café environment; all of the aforementioned services primarily marketed for gaming use and/or gamers. IC 42: Application service provider (ASP) services featuring computer software for setting up, configuring, and controlling computer hardware and computer peripherals; application service provider (ASP) services featuring software for authoring, downloading, transmitting, receiving, editing, extracting, encoding, decoding, displaying, storing and organizing text, graphics, images, and electronic publications; design and development of user interfaces for computer devices for the purposes of computer gaming; design and development of computer software and ha