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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
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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
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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
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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,
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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;
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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
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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-
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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