The trademark spoty was filed by MCN STUDIOS I.K.E, a corporation established under the laws of the Hellenic Republic (the "Applicant"). The application was published for oppositions on May 31, 2021, and received one opposition filed on August 31, 2021 by Spotify AB on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by TAYLOR WESSING N.V. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 31, 2021
The application was filed in English, and English was also language of all opposition proceedings (Spanish was selected as the second language).
The Opposition with reference B 003153895 was refused according to Article 8(1)(b) EUTMR with decision issued on November 30, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 35 with following description of goods:
Radio advertising
Production of television and radio advertisements
Advertising via the Internet
Arranging subscriptions to Internet services
Advertising on the Internet for others
Providing and rental of advertising space on the internet.
The mark was filed in class 38 with following description of goods:
Streaming of audio material on the internet
Streaming of video material on the internet
Streaming of audio, visual and audiovisual material via a global computer network
Broadcasting of video and audio programming over the Internet
Transmission of audio and video content via computer networks
Transmission of data, audio, video and multimedia files, including downloadable files and files streamed over a global computer network
Audio, video and multimedia broadcasting via the Internet and other communications networks
Transmission of digital audio and video broadcasts over a global computer network
Audiovisual communication services
Providing access to platforms on the Internet.
The mark was filed in class 41 with following description of goods:
Radio entertainment services
Radio production services
Syndication of radio programmes
Internet radio entertainment services
Television, radio and film production
Entertainment provided via the internet
Providing digital music from the internet
Providing digital music [not downloadable] from the internet
Entertainment services provided on-line from a computer database or the internet
Online entertainment services
Administration [organisation] of entertainment services
Organization of entertainment competitions
Production of radio or television programs.
The mark was filed in class 42 with following description of goods:
Hosting platforms on the Internet
Compilation of web pages for the Internet
Hosting of digital content on the Internet
Electronic storage of digital music
Web portal design
Design of web pages
Web site design and creation services
Development of hardware for processing and distribution of multimedia contents.