The trademark MINDSPA was filed by OÜ Mindspa, a corporation established under the laws of the Republic of Estonia (the "Applicant"). The application was published for oppositions on September 27, 2020, and received one opposition filed on November 16, 2020 by Mind Solutions Ltd on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by MARKS & US LAWYERS, MARCAS Y PATENTES S.L.P and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 16, 2020
The application was filed in Estonian, and Estonian was also language of all opposition proceedings (English was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on October 11, 2021. Change of name and address of the trademark registration was recorded on October 26, 2021. Change of name and address of the trademark registration was recorded on February 8, 2023. A transfer of the trademark registration was recorded on April 2, 2023.
The Appeal with reference B R0374/2022-1 was Opposition partially rejected according to Article 8(1)(a) EUTMR with decision issued on February 8, 2023 by the EUIPO. The Opposition with reference B 003134951 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on February 27, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Recorded content
Audio recordings
Audio visual recordings
Optic discs carrying audio recordings
Audio tapes
Mobile apps
Audiovisual apparatus
Music tapes
Audio tapes featuring music
Prerecorded audio tapes featuring music
Prerecorded video tapes featuring music
Prerecorded non-musical audio tapes
Pre-recorded videos
Musical sound recordings
Musical video recordings
Tape recordings of music
Downloadable musical sound recordings
Chips containing musical recordings
Downloadable video recordings featuring music
Series of musical sound recordings
Musical recordings in the form of discs
Records [sound recordings]
Downloadable sound recordings
Sound records
Sound recorders
Portable sound recording apparatus.
The mark was filed in class 16 with following description of goods:
Decoration and art materials and media
Stationery and educational supplies
Printed matter
Planners [printed matter]
Printed sheet music
Baby books
Baby memory books
Birthday books
Birthday cards
Children's storybooks
Books for children
Children's activity books
Children's books incorporating an audio component
Comics
Books.
The mark was filed in class 38 with following description of goods:
Transmission of sound or visual recordings over networks
Communications services
Interactive telecommunications services
Streaming of audio material on the internet
Streaming of audio, visual and audiovisual material via a global computer network.
The mark was filed in class 41 with following description of goods:
Production of sound recordings
Rental of sound recordings
Editing of audio recordings
Production of audio-visual recordings
Rental of audio-visual recordings
Production of audio master recordings
Production of video and/or sound recordings
Entertainment services for sharing audio and video recordings
Entertainment services for matching users with audio and video recordings
Rental of audio tapes bearing recorded music
Production of musical recordings
Production of sound and music recordings
Rental of phonographic and music recordings
Production of sound recordings
Rental of sound and video recordings
Rental of sound and image recordings
Production of educational sound and video recordings
Production of sound and image recordings on sound and image carriers
Rental of motion pictures and of sound recordings
Production of entertainment in the form of sound recordings
Providing digital sound recordings, not downloadable, from the internet
Publication of printed matter
Publication of printed matter and printed publications
Publication of printed matter relating to education
Publication of printed matter in electronic form
Publication of printed matter in electronic form on the Internet
Teaching
Education services relating to health
Education information
Educational research
Educational seminars
Education, entertainment and sport services
Education, entertainment and sports
Education services relating to meditation
Teaching of meditation practices
Educational services relating to spiritual development
Musical education services
Music publishing services
Music publishing and music recording services
Providing online electronic publications in the field of music, not downloadable
Publishing of musical works
Arranging and conducting of music concerts
Pregnancy gymnastics instruction
Organisation of entertainment for birthday parties
Children's entertainment services
Children's adventure playground services
Educational services provided for children
Audio recording and production services
Sound recording and video entertainment services
Entertainment and sporting servivces
Entertainment, sporting activities
Arranging, conducting and organisation of concerts
Rental of sound recordings
Self-awareness courses [instruction]
Conducting workshops and seminars in self awareness
Self-awareness courses [instruction]
Arranging and conducting of workshops and seminars in self-awareness.
The mark was filed in class 44 with following description of goods:
Meditation services
Pregnancy testing
Medical advice in the field of pregnancy
Advice in the field of childbirth
Consultation relating to bio-rhythms
Consulting services relating to health care
Genetic counseling
Health advice and information services
Health assessment surveys
Health risk assessment surveys
Home health care services
Midwife services
Music therapy for physical, psychological and cognitive purposes
Music therapy services.
The mark was filed in class 45 with following description of goods: