The trademark THE MARSHALL TUCKER BAND was filed by The Marshall Tucker Band, Inc., a U.S. corporation (the "Applicant"). The application was published for oppositions on December 7, 2021, and received one opposition filed on March 3, 2022 by Franklin & Marshall S.r.l. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by BRANDSTOCK LEGAL RECHTSANWALTSGESELLSCHAFT MBH and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 3, 2022
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Musical sound recordings
Series of musical sound recordings
Audio recordings featuring music and musical entertainment
Downloadable audio recordings featuring music and musical entertainment
Downloadable musical sound recordings
Digital music downloadable from the Internet
Digital media, namely, pre-recorded digital discs
Pre-recorded compact discs featuring music.
The mark was filed in class 25 with following description of goods:
Clothing, namely, sweatshirts, t-shirts, tank tops, bandanas, and jackets
Headwear
Hats.
The mark was filed in class 41 with Entertainment services in the nature of live musical performances and entertainment services, namely, providing a website featuring news, articles, photographs, and other information and multi-media materials relating to a performing and recording musical artists..