Blizzard Entertainment one of the largest and most well-known developers of e-sports and games, represented by FRKelly in recent proceedings, has been successful in opposing, in its entirety, a EUTM application for the word mark BIZZDAR for identical goods and services. Blizzard Entertainment opposed the EUTM application on the grounds of likelihood of confusion and association under Article 8(1)(b) and Article 8(5) EUTMR with regards to their EUTM:
and under Article 8(4) EUTMR for the unregistered word mark BLIZZARD.
While the Opposition Division noted that both parties operate in different sectors of the market, they found that all the goods and services of the application were identical and similar to the goods and services protected under the:
EUTM. In assessing BLIZZARD ENTERTAINMENT and BIZZDAR the Opposition division found the marks to be visually similar to an average degree and aurally similar to a high degree as the distinctive elements of each mark was BLIZZARD and BIZZDAR respectively. The opposition was successful on the basis of Article 8(1)(b) for likelihood of confusion due to the identity/similarity of the goods and services and the high degree of similarity of the signs.