The trademark MELODIES was filed by Melodies Solutions International AB, a corporation established under the laws of the Kingdom of Sweden (the "Applicant"). The application was published for oppositions on June 22, 2022, and received one opposition filed on September 19, 2022 by Ipnos Software Inc. on Likelihood of confusion. the opponent was represented by CABINET GERMAIN & MAUREAU and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 19, 2022
The application was filed in English, and English was also language of all opposition proceedings (Spanish was selected as the second language).
Change of name and address of the trademark registration was recorded on June 21, 2021. Change of name and professional address of the trademark registration was recorded on February 3, 2022. Change of name and address of the trademark registration was recorded on September 4, 2023.
The Refusal with reference B 018497909 was partially rejected according to Article 7(1)(b) EUTMR with decision issued on January 30, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer software for use in connection with downloading and streaming of audio materials via the Internet, mobile devices, wireless networks and other computer and electronic communications networks
Downloadable data files featuring music, audio recordings, entertainment-related audio content, video, and other multimedia content
Mobile and web application for use in connection with a music and multimedia content streaming service
None of the aforementioned goods being related to software designed to help users achieve restful sleep.
The mark was filed in class 38 with following description of goods:
Broadcasting and Streaming of music, audio, images, video and multimedia content over the Internet, mobile devices, wireless networks and other computer networks and electronic communications networks
Electronic transmission of downloadable music, audio, video and other multimedia content
Electronic transmission of streamed music, audio, video and multimedia content
Webcasting services
Providing online chat rooms
Providing access to entertainment-related programmes on a website and in mobile applications
None of the aforementioned services being related to software designed to help users achieve restful sleep.
The mark was filed in class 41 with following description of goods:
Entertainment services, namely, non-downloadable prerecorded music and audio content
Music publishing
None of the aforementioned services being related to software designed to help users achieve restful sleep.