The trademark MYOON was filed by A.H. STUDIO, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on January 28, 2020, and received one opposition filed on April 26, 2020 by Adler Modemärkte GmbH on Likelihood of confusion. the opponent was represented by Kohm, Laura and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 26, 2020
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003117158 was rejected according to Article 8(1)(b) EUTMR with decision issued on May 12, 2021 by the EUIPO.
The application claimed as seniority of the French Republic trademark 4445028 and filed on April 10, 2018 which was accepted by the office.
Goods And Services
The mark was filed in class 9 with following description of goods:
Musical sound recordings
A series of musical sound recordings
Downloadable musical sound recordings
Audio visual recordings featuring music
Downloadable audio-visual recordings featuring music
Audio recordings and audio-visual recordings, namely, compact discs, video discs, DVDs, MP3s, all featuring music
Musical video recordings
Downloadable music video recordings
Audiovisual recordings (including downloadable audiovisual recordings) featuring music and musical entertainment
Downloadable content including ringtones, images, graphics, posters, wallpaper, widgets, icons, photographs and banners
Sound recordings, including downloadable sound recordings
Audiovisual recordings, including downloadable audiovisual recordings
Downloadable electronic sheet music and posters
Computer application software for mobile telephones
Vinyl covers specially adapted for mobile phones, MP3 players, portable music players, personal digital assistants, laptops, tablet computers, laptop computers
Downloadable electronic photographs and publications including books, magazines, newsletters, pamphlets, booklets and brochures in the field of music and entertainment
Cases adapted for mobile phones
Loudspeakers
Audio apparatus
Audio equipment components
Microphones
Headphones
Amplifiers
Compact disc players and equipment
Digital music provided from MP3 Internet websites
Digital music provided from the Internet
Recorded discs
Audio cassette recordings
Computer software
Computer software downloaded from the internet
Downloadable computer software containing sound and/or video recordings or telephone ringtones
DVD players
Electronic books and publications, including downloadable electronic books and publications
Camera equipment
Audio books
CD wallet holders
Fridge magnets
Head protection
Audio recordings and audio-visual recordings, namely, tape cassettes, audio cassettes, audio tapes, audio discs, phonograph records, CD-ROMs, video tapes, video cassettes, DATS and laser discs, all featuring music
Audio and video recordings, including in digital form
Motion picture films including films featuring music and entertainment
Compact discs [read-only memory]
Compact discs
Digital video discs
Audio and video electric cables andconnectors
Record players and equipment
Stereo players and equipment
Tapes
Discs
Record albums
Cassettes
Sound and video recording carriers including audio visual recording carriers
Sound storage media
Tapes for storage of sound media
Apparatus for the recording, processing, transmission and/or reproduction of sound or images
Metronomes.
The mark was filed in class 16 with following description of goods:
Printed matter
Bookbinding material
Photographs
Stationery
Artists' materials
Printers' type
Printing blocks
Paper
Paperboard
Boxes of cardboard or paper
Posters
Scrapbooks
Cards
Books
Newspapers
Prospectuses
Pamphlets
Calendars
Writing instruments
Engravings
Lithographic works of art
Paintings [pictures], framed or unframed
Aquarelles
Drawings
Bags [envelopes, pouches] of paper or plastics, for packaging.
The mark was filed in class 25 with following description of goods:
Clothing
Footwear
Headgear
Shirts
Leather clothing
Belts [clothing]
Furs [clothing]
Gloves [clothing]
Scarves
Neckties
Hosiery
Socks.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Direct mail advertising
Presentation of goods on communication media, for retail purposes
Business management and organization consultancy
Document reproduction
Organization of exhibitions for commercial or advertising purposes
On-line advertising on a computer network
Rental of advertising time on communication media
Publication of publicity texts
Rental of advertising space
Dissemination of advertising matter
Public relations services.
The mark was filed in class 41 with following description of goods:
Entertainment
Sporting and cultural activities
Entertainment information
Publication of books
Library services
Production of cinematographic films
Rental of sound recordings
Rental of show scenery
Videotape editing
Photography
Organisation of competitions (entertainment)
Organization of exhibitions for cultural or educational purposes
Booking of seats for shows
Game services provided on-line from a computer network