The trademark OUTTV Your Lifestyle was filed by OUTtv Media B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on September 16, 2021, and received one opposition filed on December 14, 2021 by OUTtv Network Inc. on (a) Likelihood of confusion, (b) Mark was filed without authorisation of proprietor. the opponent was represented by Barker Brettell Sweden AB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 14, 2021
The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).
Deletion of the representative of the trademark registration was recorded on September 30, 2024.
The Opposition with reference B 003160385 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on January 30, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Media content
Audiovisual apparatus
Apparatus for recording, transmission or reproduction of text, sound and/or images
Magnetic data carriers, image and/or sound recording disks
Compact discs, Video compact discs (video discs), Read-Only-Memory discs (CD-ROMs), DVDs and other digital recording media
Electronic and digital publications, on data carriers or otherwise
Apparatus for data processing
Computers, peripheral devices for computers
Television apparatus
Telephone equipment
Computer software (recorded)
Games computers, namely, Computer hardware
Computer games (software)
Software and Mobile apps, in the following fields: dating, Matchmaking and Personal social introductions
Software and Mobile apps, for use in the following fields: Uploading and downloading of electronic files to share with others.
The mark was filed in class 35 with following description of goods:
Advertising and advertising agency services
Publicity and sales promotion
Distribution of advertising material
Rental of advertising space
Business management
Office functions
Administrative management of broadcasting corporations
Conciliation at sale of publicity sending time
Administrative services at organising cooperation with cable societies and different network administrators to gain scale advantage organisationally - and
Setting up and management of databases, including in the following fields: Show business, Entertainment, Radio and television programmes, Photographs, motion picture films, transport services, Traffic, Travel and Weather
Organization of fairs and exhibitions for commercial or advertising purposes
Provision of information in the field of business
Provision of commercial information
Market prospecting, research and analysis
Opinion polling
Written text editing for advertising purposes
Business mediation with regard to the sale of goods and Business intermediary services in the providing of services
Commercial intermediation services and Consultancy, in relation to the following services: Trading of goods as part of teleshopping
The aforesaid services, Including via radio, Television, Via teletext, Via the Internet or By means of electronic networks.
The mark was filed in class 38 with following description of goods:
Telecommunication services
Transmission, in relation to the following goods: radio and television programs and Other audiovisual productions
Transmission of text, Broadcasting of sound and/or Transmission of images, By satellite, Via telephony, On internet and Via other electronic media
Provision of internet access services
Rental of telecommunication equipment
News agency services
News agency services
SMS and other interactive telecommunications
Providing access to the Internet, Providing access to databases and Providing access to websites, All the aforesaid for the purpose of viewing or participating, in relation to the following goods: Television programmes, Television series, movies, games, TV guides, Prize contests, raffles, Voting, Opinion polling services, Shop activities, Social media, Electronic networks and digital networking services
Provision of access to computer software, for use in the following fields: digital communications
Providing access to chatrooms and forums on the internet or other electronic and/or mobile networks.
The mark was filed in class 41 with following description of goods:
Entertainment
Education and entertainment
Training and instruction
Production, Produce, Direction, presenting and Distribute, In relation to the following goods: Radio productions, Television production, Audiovisual productions, Photographic production, Production of music, entertainment production services and Educational productions
Produce, In relation to the following goods: Motion pictures, videos and documentaries
Organising sporting, cultural, musical and educational events
Arranging trade fairs and exhibitions for cultural, entertainment or educational purposes
Providing of information in the fields of culture, sport or entertainment, including in relation to show business, entertainment, radio and television programmes and films (content)
Film and video rental
Publishing, Lending, Issuing and Distribute, In relation to the following goods: Lending libraries, Newspapers, magazines, Programme data, Viewing guide services, Program sheets and Other publications
Publishing services
Arranging prize competitions, games and lotteries
Making photographic, film and video reports
Photography
Editorial services (not for advertising purposes)
The aforesaid services provided via radio, television, teletext, the Internet or other (electronic) networks, or otherwise.
The mark was filed in class 45 with following description of goods:
Management of industrial and intellectual property rights
Conciliation at obtaining and becoming estranged industrial and intellectual property rights
Services, in the following fields: Dating, Matchmaking and personal introduction services, internet.