I looked into the matter of why Information Technology Junction Limited has opposed the
Wii U trademark in Europe, and I now think I understand it a bit clearer than before. UK's Companies House has the following records on this company:
Nature of Business (SIC):
7420 - Architectural, technical consult
7450 - Labour recruitment
Now, this is from when the SIC (Classification of Economic Activities) 2003 system was used, corresponding description in SIC 2007 is for 7420 "Other engineering activities (not including engineering design for industrial process and production" and for 7450 "Temporary employment agency activities". Now, what this had to do with Wii U and Nintendo I've been wondering, but I saw the opposition letter and in it the domain u-do.com is listed as in operation by Information Technology Junction. U Local Limited, which is a separate company, is listed under contact. That company deals with "Other social work activities without accommodation not elsewhere classified", and the offer through that website apparently has to do with getting small independent businesses together to stop large organizations from making unjust amounts of profits. From the records, it does not seem they find any products suggested by Nintendo harmful to their business, but that the trade mark (Wii U) is. These are the grounds on which they (Information Technology Junction) has opposed the trademark:
Article 8(5) CTMR - the use without due cause of the contested mark would take unfair advantage of, or be detrimental to, the distinctive character or repute of the earlier trade mark.
The Article 8(5) CTMR reads, as of The Manual concerning Opposition - Part 5, Article 8(5) CTMR, by The Office of Harmonization for the Internal Market:
According to Article 8(5) CTMR upon opposition by the proprietor of an earlier trade mark, within the meaning of paragraph 2, the trade mark applied for
shall not be registered:
where it is identical with or similar to the earlier trade mark and is to be
registered for goods or services which are not similar to those for which
the earlier trade mark is registered, where in the case of an earlier
Community trade mark the trade mark has a reputation in the
Community and, in the case of an earlier national mark, the trade mark
has a reputation in the Member State concerned and where the use
without due cause of the trade mark applied for would take unfair
advantage of, or be detrimental to, the distinctive character or the
repute of the earlier trade mark.
http://oami.europa.eu/ows/rw/resource/documents/CTM/legalReferences/partc_tm_reputation.pdf
Information Technology Junction Ltd did see registration of national trademark "U" on the 18th of February 2011; it was filed on the 9th of November the preceding year. National trademark means that the filing is related to a mark that has certain reputation in a specific area, in this case the United Kingdom. And reputation is only claimed for United Kingdom. The opposition was made on the 27th of January this year, and opposition letter reached Nintendo on the 30th of January.
For the time being, Nintendo doesn't have to concern itself with this as the opposition letter has been sent for information only, and the office will first examine its admissibility. Nintendo is also not expected to comment on the admissibility of the opposition. If the opposition is found admissible, the Office will set the time limit for submitting observations. If the opposition is not found inadmissible, both parties will receive decisions from the Office, most likely the decision will be in favor to Nintendo.
The
General outline of the Opposition proceedings goes as following:
Note: I have simplified the text below. CTM=Community Trade Mark
Filing of the Notice of Opposition
Opposition proceedings start with the receipt of the Notice of Opposition by OHIM. This is submitted by a third party seeking the refusal of a CTM application. CTM applicant is immediately notified of the Notice of Opposition filed and receives a copy of the documents on file.
Admissibility check
OHIM examines whether the Notice of Opposition is admissible.
The "cooling-off" period
If found admissible, both parties receives notice on deadlines for the proceedings. The proceedings start with a period where parties can negotiate an agreement. During this stage the parties are also given the opportunity of terminating the proceedings, should they see fit.
The cooling-off period expires two months from the notification of admissibility. It can be extended for 22 months and can last for a total of 24 months.
The adversarial part of the proceedings
At this stage, the parties are given the opportunity of sending observations and evidence in support of the rejection of the application or of the opposition. The first party to be given this opportunity is the opponent who is allowed two months to complete their file. For this purpose, the opponent may submit any facts, arguments and evidence it deems necessary to support the opposition.
Then the CTM applicant has two months to submit any observations in reply. Finally, the opponent is given the opportunity to comment on the observations submitted by the applicant. Generally speaking, these three stages constitute the process.
Request for proof of use
In its reply to the Notice of Opposition and further material filed by the opponent, the CTM applicant may try to demonstrate that the CTM applied for does not conflict with any of the rights on the basis the opposition was entered.
If no evidence is filed or if the evidence is found insufficient, the opposition is rejected.
End of the proceedings
The adversarial part of the proceedings comes to an end when OHIM informs the parties that no more observations will be allowed. This means that the file is ready for the Opposition Division to render a decision on the opposition.
Source:
http://oami.europa.eu/ows/rw/pages/CTM/regProcess/oppositionProceedings.en.do
As I understand, what will happen now is that Nintendo will wait for the Admissibility check, and if the opposition is deemed admissible, there will be an x time period of when the parties are negotiating. Unless they find an agreement it will go on for two months minimum, which could easily put us way past E3. I do however have a feeling Nintendo's attorneys are much more talented than the opposition's, so it shouldn't be that difficult to come to an agreement. This puts anyway a bit more light to this whole debacle.
The United Kingdom is probably with Germany the most important market for Nintendo in Europe, and to be forced to call Wii U something else there is probably not something Nintendo is going to accept. I shall note that I'm not attorney and I'm merely guessing current status and outcome based on public information.