The trademark WAÏBABËL was filed by Harmonie Holding Ltd, a corporation established under the laws of the United Kingdom of Great Britain and Northern Ireland (the "Applicant"). The application was published for oppositions on January 11, 2021, and received one opposition filed on April 11, 2021 by ACTES SUD on Likelihood of confusion. the opponent was represented by Angelier, Myriam and proceedings were handled in French, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 11, 2021
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
Relative errors of the trademark registration was recorded on April 11, 2023. Relative errors of the trademark registration was recorded on May 14, 2023. Change of name and professional address of the trademark registration was recorded on August 8, 2023. Change of name and professional address of the trademark registration was recorded on October 10, 2023.
The Opposition with reference B 003144127 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on June 2, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Apparatus for recording, transmission, reproduction, duplication and storage of sound or images, including digital sound or images
Handheld digital electronic devices for transmitting, storing, manipulating, recording, and reviewing text, images, audio, video and data, including via global computer networks, wireless networks, and electronic communications networks
Data processing apparatus
Magnetic and digital data media, sound recording or optical discs, floppy discs with literary and artistic works, namely audio and video recordings, compact discs [CDs], CD-ROMs, DVDs and other electronic means containing music, videos, films, documentaries, literary and artistic creations
Computer software (pre-recorded programs)
Downloadable software
Software and applications for mobile devices
Software for identifying, downloading, synchronising, transmitting and receiving audio and video files
Software enabling users to program and distribute audio, video and textual content
Music-composition software
Computer software for creating and editing music and sounds
Computer software for image and video rendering, compression, compositing, processing and visualization
Computer software for visualization and processing of digital images, photographs, film, video and data relating to computer graphics in the film, broadcast, commercial marketing, video game, website development
Downloadable computer software for transmitting, storing, manipulating, recording, and reviewing text, images, and data
Computer software for streaming, broadcasting, transmitting, distributing, reproducing, organizing and sharing music, audio, video, games and other data
Database management software, data management software, document management software, project management software in the field of music, culture, literature and art, and entertainment
Computer software for creating, Switching, Downloading, Transmission, Reception, reading, Editing, Extraction, coding, Decode, Bill posting, Storing and organizing text, graphics and data, images, audio, video, and multimedia content, Publications in the field of music, culture, literature and art, and entertainment
Computer software for data capture, transmission, storage and indexing, Works and documents
Computer software for purchasing, accessing and viewing movies, TV shows, videos, music, and multimedia content
Computer software for use in authoring, downloading, transmitting, receiving, editing, extracting, encoding, decoding, playing, viewing, storing and organizing text, data, images, and audio and video files
Computer software for online shopping
Games software
Computer software for creating and providing user access to searchable databases of information and data
Computer software for use in connection with websites in the Internet for music, other entertainment activities, meetings, chat and gaming
Downloadable wireless entertainment software via the internet and wireless devices, namely, ring tones, screen savers and images, and wallpaper
Software applications enabling the downloading of music and the planning of personalised music playlists
Media and publishing software
Digital telephone platforms and software
Communication, networking and social networking software
Computer software platforms, recorded or downloadable
Computer applications for cellular phones and electronic tablets in the field of music, culture, literature and art, and entertainment
Databases containing downloadable recorded music files
Downloadable music files
Digital music downloadable provided from the internet
On-site ticketing machines for shows and concerts, namely computer equipment, Software, Printers and Data processing terminals for buying tickets for concerts and shows
Digital carriers for compilation and for computer formatting and digitisation of texts and/or images, whether fixed or moving, and/or sound (muscial or not) whether or not for interactive purposes
Media used for storage and transmission of digital data
Data processing equipment and computers
Phonographic, photographic, optical, magnetic, digital, cinematographic and video apparatus and carriers
Downloadable publications
Electronic publications, downloadable
Downloadable electronic publications in the nature of books, magazines, journals, brochures, leaflets, pamphlets and newsletters, all in the field of music and entertainment
Downloadable video recordings
Downloadable video recordings featuring music
Musical sound recordings
Audio-visual recordings, namely, compact discs, tape cassettes, audio cassettes, audio tapes, audio discs, phonograph records, cd-roms, video tapes, video cassettes, video discs, dvds, digital audio tapes (dats), downloadable mp3 files, and laser discs, all featuring music, television and motion picture sound tracks, television programs and motion pictures
Downloadable musical sound recordings
Cinematographic films, Radio broadcasts, Television programmes and Downloadable video recordings
Downloadable digital media
Downloadable digital audio files featuring music, news, and voice and spoken word recordings on a variety of topics
Downloadable e-books and audio books
Downloadable music, ring tones, graphics, and electronic games via the Internet and wireless devices
Spectacles
3D spectacles
Headsets
Head protection
Telephone headsets
Virtual reality headsets
Cases and equipment for smartphones, cellular phones and computers
Cases for cameras, cases for photographic equipment, camera bags
Covers for glasses
Eyewear
Sunglasses and sunglass frames
Smartwatches
Peripherals and accessories related to smartphones, Mobile telephones, Computers, Portable digital electronic devices, namely stands for cellular phones, Conductor rails, Power cables and connectors, battery banks, Namely battery packs
Peripherals and accessories related to smartphones, Mobile telephones, Computers, Handheld digital electronic devices, Namely peripherals for cellular phones intended for use with laptop computers and electronic tablets and wearable digital electronic devices for recording, organising, transmitting, manipulating and reviewing texts, data, audio, image and video files.
The mark was filed in class 35 with following description of goods:
Advertising, marketing and promotion in the field of music, in the audio-visual and radio field, in the cultural, literary and artistic field, and in the digital field, in the field of games and in the field of entertainment
Advertising, marketing and promotion in the field of music, in the audio-visual and radio field, in the cultural, literary and artistic field, and in the digital field, in the field of games and in the field of entertainment
Business management
Commercial administration of the licensing of the goods and services of others
Professional management of artistic and cultural affairs
Advice and information services relating to artistic business organisation and management
Business management consultations, namely, Promotional management of artists
Promotional management of celebrities
Development of new markets
Advertising on paper media, via television broadcasting, via radio broadcasting, via telecommunications and electronic communications
Direct mail advertising
Rental of advertising time on all means of communication, rental of advertising space
News clipping services
Press advertising services
Public relations services
Matching services between commercial and professional contacts in the field of music, in the audio-visual and radio field, in the cultural, literary and artistic field, and in the digital field, in the field of games and in the field of entertainment
Promotion of artists and works thereof
Promotion of musical, audio-visual, and radio works
Promotion of cultural, literary and artistic works
Promotion of artistic creation
Promotion [advertising] of concerts
Promotion of special events
Promotion of sports competitions and events
Promotion of goods and services through sponsorship
Promotion services
Organisation of exhibitions for commercial and advertising purposes
Administrative processing of operating permits
Business management for artists, actors in the field of music, in the audio-visual and radio field, in the cultural, literary and artistic field, and in the digital field, in the field of games and in the field of entertainment
Collection and systematic ordering of data in a central file
Computerized file management
Providing of online business information directories on the internet
Compilation of statistics
Provision of trade and business statistical information
Market studies, research and reports
Compilation of information
Management of business or advertising databases
Advertising and marketing services provided by means of social media
Providing business information in the field of social media
Providing marketing consulting in the field of social media
Provision and rental of advertising space, time and media
Preparation and realization of media and advertising plans and concepts
Arranging subscriptions to media packages
Subscription to an information media package
Subscription to a television channel
Newspaper subscriptions
Subscriptions to electronic journals
Arranging subscriptions to telecommunication services for others
Arranging subscriptions to information media
Career networking services
Business networking services
Online business networking services
Retailing of apparatus for recording, Transmission, reproducing, Duplicators and The storage of sound or images including digital, portable digital electronic devices for transmission, Storing, manipulation, Recording and and reviewing text, images, audio content, video content and data, Including global computer networks, wireless networks, and electronic communications networks
Retailing of: Data processing equipment, Magnetic recording supports, digital, Phonograph records or optical discs, Floppy discs with literary works and Artistic, Namely audio and video recordings, CDs, DVDs, CD Roms and Other electronic media featuring music, including video and films, Documentaries, literary creations and Artistic, Computer software (pre-recorded programs), downloadable software
Retail services in relation to software products and Applications for mobile devices, Software for identifying, Downloading, Synchronising, powertrains and Receiving audio files and video, Computer software enabling users to program and distribution of audio, video and Textual, music-composition software, computer software for creating and editing music and sounds, Computer software for providing, Compression, composition, Processing and display and Videos
Retailing of computer software for displaying and processing digital images, Photographs, Film, Videos and Data relating to computer graphics design in the field of films, Including broadcast, Of commercial marketing, For video games, Development of websites, downloadable software for transmitting, Storing, manipulation, Recording and and reviewing text, Of images and data
Retailing of computer software for streaming, Including broadcast, Transmission, Distribution, reproducing, Organizing and Music sharing, video and audio content, games and Other data, computer software for database management, Management of data, Document management, project management in the field of music, cultural, Literary and Entertainers
Retailing of: Computer software for creating, Dissemination, download, transmission, receiving, reading, Publication, extraction, coding, decoding, Bill-posting, Storing and organising text, graphics or other data, images, audio, video, and multimedia content, Publications in the field of music, cultural, Literary and Entertainers, Software for input, Transmission, Storing and Indexing of data, works and paperwork
Retailing of computer software for purchasing, Accessing and viewing movies, Televised broadcasts, videos, music and media content, Computer software for creating, downloading, Transmission, Receiving, Publishing, Extracting, encoding, decoding, Reading, visualisation, Storing and Organising text, data, Images and audio files and video, computer software for online shopping
Retailing of: Gambling software, Computer software for creating and Provision of user access to consultable information databases and data, Computer software for websites on the internet relating to music, other entertainment activities, meetings, Discussions and games, Downloadable wireless entertainment software via the internet and For wireless devices, Namely, ring tones, screen savers and images and Backgrounds
Retailing of computer software applications enabling the downloading of music and the planning of personalised music playlists, Media and publishing software, Digital telephone platforms and software, Communication and networking software and And social networking, Computer platforms in the form of recorded or downloadable software
Retailing of: computer applications for cellular phones and electronic tablets in the cultural, literary and artistic field, and in the digital field, and entertainment, databases containing downloadable recorded music files, downloadable music files, downloadable digital music hosted on the internet
Retailing of: on-site ticketing machines for shows and concerts, namely computer equipment, Software, Printer's and Data processing terminals for buying tickets for concerts and Shows, Digital carriers for the compilation, computerisation and digitisation of texts and/or pictures, fixed or Anime, and/or Of musical or non-musical sounds for interactive or non-interactive use, Computer peripherals, Smart cards, cards with microprocessors
Retailing of: Storage racks and Digital data transmission, Data processing equipment and computers, apparatus and Phonograph records, photographic, optical, Magnetic and digital media, Cinematographic, videos
Retailing of: downloadable electronic publications in the nature of books, Magazines, Magazines, Flyers and leaflets, Flyers and Newsletters, All in the field of music and Entertainment, Downloadable video recordings, Downloadable video recordings featuring music, Musical audiovisual recordings
The bringing together for the benefit of others of services providing virtual computer systems via cloud computing, downloadable publications, Downloadable electronic publications enabling customers to conveniently compare and purchase those goods
Retailing of: audiovisual recordings, namely, Compact disc (CD), cassette tapes, audio cassettes, Audiotapes, audio discs, recoding discs, CD-ROMs, videotapes, videocassettes, video discs, DVDs, Digital audio tapes (DAT), Downloadable MP3s and laser discs, All featuring music, Soundtracks of television programmes and cinematographic films, downloadable musical sound recordings
Retailing of: motion pictures, radio emissions, Televised broadcasts and Downloadable video recordings, Downloadable digital media, downloadable digital audio files featuring music, Updating and Voice and spoken word recordings on a variety of subjects, Books, newsletters, magazines, pamphlets, and brochures, greeting cards, electronic books and Downloadable talking books, music, ringtones, Graphs and Downloadable electronic games via the internet and wireless devices
Retailing of: Spectacles (optics), 3D spectacles, Audio headphones, Protective helmets, Headsets for telephones, virtual reality headsets, Spectacle cases and Equipment for smartphones, Mobile telephones, Computers, cases for cameras and Photographic equipment, Eyeglass cases, Optical goods, Sunglasses and sunglass frames, Smartwatches
Retailing of: peripherals and Accessories for smartphones, Mobile telephones, Computers, wearable digital electronic devices, namely, Stands for portable telephone, cords, power cables and connectors, Battery banks, Namely battery packs
Retailing of: peripherals and Accessories for smartphones, Mobile telephones, Computers, wearable digital electronic devices, namely, Peripherals for cellular phones intended for use with laptop computers and Of electronic tablets and portable and handheld digital electronic devices for recording, Organizing, Transmission, manipulation and and reviewing text, Data, and audio, pictures and and video files
Retail services and services of retail outlets in relation to paper, Cardboard and goods made of these materials, Cardboard articles or of paper, Wrappers of cardboard or paper, Cardboard, Cardboard articles, Advertising signs of paper or cardboard, Envelopes of paper [stationery], paper labels
Retailing of files of paper [stationery], Leaflets, Flyers of paper or Cardboard, Printed matter of paper or cardboard, Containing information in the field of music, in the audio-visual field and Radio advertising, In the cultural, literary field and Artistic, and in the field of entertainment, bags [envelopes, pouches] of paper for packaging, Printed matter, photographs, Printing blocks
Retailing of: Artists' materials, Namely paint brushes, Office requisites (except furniture), instructional materials or Teaching, other than apparatus, in the field of music, in the audio-visual field and Radio advertising, In the cultural, literary field and Artistic, and in the field of entertainment
Retailing of plastic materials for packaging (not included in other classes), namely, Bags, Bags, Films and sheets
Retailing of stationery goods, namely pamphlets, Posters, Posters, Calendars, Prospectuses, Albums, scrapbooks, year books, Calendars, Drawings, Graphic reproductions, Graphic representations, Magazines, Printed catalogues, Newspapers, magazines, Books, booklets, news sheets, Printed periodicals in the field of music, in the audio-visual field and Radio advertising, In the cultural, literary field and Artistic, and in the field of entertainment
Retailing of: Printed publications, Printed publications in the field of music, in the audio-visual field and Radio advertising, In the cultural, literary field and Artistic, and in the field of entertainment, promotional publications, Promotional publications in the field of music, in the audio-visual field and Radio advertising, In the cultural, literary field and Artistic, and in the field of entertainment
Retailing of: Advertising publications, Advertising publications in the field of music, in the audio-visual field and Radio advertising, In the cultural, literary field and Artistic, and in the field of entertainment, Stickers, Cards, namely, Business cards, Post cards, Greeting cards, Photograph albums, Indexes, Ledgers [books], Printed reports
Retailing of: printed programmes for particular events, Musical score books, Music supplies, Sheets of music, note books, guide books, Boxes (of cardboard or paper), Writing instruments, Engravings, Paintings (pictures), framed or unframed
Retailing in relation to travelling trunks and suitcases, Exchanges, Handbags, Bags for campers, Briefcases (leatherware), Travel accessories (leather goods), Exchanges, Purses, Beach bags, Bags for sports, Household linen, Bedlinen, Clothing, footwear, headgear, shirts, Polo-shirts, board shorts, Dresses, skirts, skiwear, sleepwear, Underwear, Women's stockings, Bath robes, Rainwear, Parkas, Scarfs, Pullovers, Waistcoats, Fashion swimwear, Swimwear
Retailing of clothing for babies, Socks, sports clothing, Belts (clothing), Neckties, sweaters, Trousers, Tee-shirts, Fancy dress outfits, Leather (clothing of imitations of -), Leather clothes, Sneakers, Boots, Slippers, flip- flops, sandals, Sports footwear, headpieces, Namely hats, Beanies and peaked caps
Cultural promotion of artists and works thereof
Career advisory services (other than education and training advice), In the field of music, in the audio-visual and radio field, in the cultural, literary and artistic field, and in the digital field, in the field of games and in the field of entertainment.
The mark was filed in class 38 with following description of goods:
Transmission of messages, information, data, sound, video and images via the Internet and other telecommunication systems
Communications and Telecommunication services, Namely transmission and broadcasting services of information and data via telephone, telematic, television and digital in the field of music, in the audio-visual and radio field, in the cultural, literary and artistic field, and in the digital field, in the field of games and in the field of entertainment
Providing of access to applications featuring computer software enabling or facilitating the downloading, broadcasting, publication, blogging, linking, sharing or otherwise providing of electronic content or information over communication networks in the field of music, in the audio-visual and radio field, in the cultural, literary and artistic field, and in the digital field, in the field of games and in the field of entertainment
Access to content, websites and internet portals in the field of music, in the audio-visual and radio field, in the cultural, literary and artistic field, and in the digital field, in the field of games and in the field of entertainment
Providing of access to an index of musical, audio-visual, radio, cultural, literary and artistic works
Broadcasting services via a website of reports and information relating to the promotion of artists and works thereof
Broadcasting and transmission of radio and television programmes and more generally audio-visual and multimedia programmes for interactive or non-interactive use, via the internet or otherwise, in the field of music, in the audio-visual and radio field, in the cultural, literary and artistic field, and in the digital field, in the field of games and in the field of entertainment
Downloading of digital data
Broadcasting and transmission of radio and television programmes and broadcasts, Web radios, podcasts and media content in the field of music, in the audio-visual and radio field, in the cultural, literary and artistic field, and in the digital field, in the field of games and in the field of entertainment
Electronic display services, Electronic messaging, Transmission of messages and information between users
Transmission of messages, information, data, sound, video and images via the Internet and other telecommunication systems
File sharing and peer-to-peer networks
Videoconferencing services
Transmission of computerised data
Transmission of digital files
Communication via computer terminals (internet, extranet, intranet), or via fibre optic networks, wireless, on cellular phone terminals
Broadcasting of audio and video content on the internet, via cellular phone networks, via electronic communication means, downloading or streaming, via television broadcasting, radio broadcasting, cable or satellite, broadcasting of multimedia programmes for interactive or non-interactive purposes
Data streaming
Providing access to databases
Electronic or computer communication networks
Mobile media services in the nature of electronic transmission of entertainment media content
Providing access to digital music web sites on the internet
Delivery of digital music by telecommunications
Providing access to mp3 web sites on the internet
Broadcasting of pre-recorded music and entertainment videos
Providing access on demand to a web site of musical works and video clips
Providing access to on-line computer reference databases of musical works and video clips
Electronic transmission of streamed and downloadable audio and video files via computer and other communications networks
Electronic transmission of movies, music and video information via an Internet-based database
Webcasting services
Providing access to gambling and gaming websites on the internet
Providing access to websites on the Internet or any other communications network
Providing access to an Internet discussion website
Providing user access to the internet (services providers)
Leasing access time to web sites [isp's]
Internet service provider services
Providing user access to the internet (services providers)
TV and radio broadcasting services
Online radio, cable, video and television broadcasting
Cable radio broadcasting
Providing of discussion forums on the internet and/or online forums
Broadcasting services and provision of telecommunication access to films and television programs provided via a video-on-demand service
Subscription-based audio and video broadcasting via a global computer network
Providing of secure access to an online database containing information, data and business contacts in the field of music, audio-visuals, radio, culture, literature and art, in the digital field, in the field of games and in the field of entertainment.
The mark was filed in class 41 with Providing on-line music, not downloadable and Music libraries..