The trademark CINEMAX was filed by CONTINENTAL FILM, s.r.o., a corporation established under the laws of the Slovak Republic (the "Applicant"). The application was published for oppositions on November 18, 2020, and received one opposition filed on January 18, 2021 by CinemaxX Holdings GmbH on Likelihood of confusion. the opponent was represented by CMS HASCHE SIGLE PARTNERSCHAFT VON RECHTSANWÄLTEN UND STEUERBERATERN MBB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 18, 2021
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
The Opposition with reference B 003139282 was refused according to Article 8(1)(b) EUTMR with decision issued on February 3, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 35 with following description of goods:
Cinema advertising
Production of advertising films
Arranging of advertising in cinemas
Rental of advertising time in cinemas
All of the foregoing exclusively in relation to services of brick-and-mortar motion picture theaters.
The mark was filed in class 41 with following description of goods:
Entertainment services in the form of cinema performances
Leasing of cinemas
Cinema presentations
Rental of motion pictures
Education services relating to the cinema
Training services for cinema technicians
Teaching
Booking agency services for cinema tickets
Booking of seats for shows
Arranging and conducting of concerts
Presentation of live performances
Party planning
Orchestra services
Circus performances
Theatre production
Production of theatrical performances
Publication of texts, other than publicity texts
Rental of film projectors
Rental of cinematographic apparatus
Rental of video recorders
Rental of audio equipment
Rental of video cameras
Rental of lighting apparatus for theatre
Rental of show scenery
All of the foregoing exclusively in relation to services of brick-and-mortar motion picture theaters.
The mark was filed in class 43 with following description of goods:
Catering services
Restaurant services
Self-service restaurants
Food and drink catering
Snack-bars
Bar services
Cafés
Rental of drinking water dispensers
All of the foregoing exclusively in relation to services of brick-and-mortar motion picture theaters.