The trademark SLEEP FRUITS was filed by Fruits Music B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on May 22, 2022, and received one opposition filed on August 18, 2022 by FLASHGAP on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by FIDUCIAL LEGAL BY LAMY and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 18, 2022
The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).
A transfer of the trademark registration was recorded on August 31, 2023. Appointment and Replacement of representative of the trademark registration was recorded on June 5, 2024. Creation of rights in rem of the trademark registration was recorded on June 9, 2024.
Goods And Services
The mark was filed in class 9 with following description of goods:
Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments
Apparatus for recording, transmission or reproduction of sound or images
Magnetic data carriers, recording discs
Compact discs, DVDs and other digital recording media
Headsets for mobile telephones, namely, Earphones for cellular telephones
Holders for cell phones, Including pop-sockets
Mobile phone chargers
Cell phone straps
Headsets
Power bank chargers
Games software
Apps (software)
Computer software for downloading and streaming audio material over the internet, Via mobile devices, Via wireless networks, via other computer networks and via electronic communications networks
Computer software for programming and distributing audio, text and other multimedia content, including music, concerts, news, cultural events and entertainment and educational programmes via communication networks
Computer software that allows users to play and programme music and entertainment-related audio
Downloadable data files containing music, audio recordings, entertainment-related audio content, video and other multimedia content
Media content
Downloadable media
Downloadable electronic publications
Software programs for video games
Computer programs (recorded)
Computer programs and software (downloadable)
Interactive entertainment software
Downloadable interactive computer game software
Interactive multimedia software programs
Computer programmes and software for video, computer and internet games and other electronic and/or visual games
Computer software applications for playing computer and video games
Non-medicinal mouthguards.
The mark was filed in class 25 with following description of goods:
Clothing as merchandise, Including the following goods: Sportswear, Ladies' clothing, Menswear, Baby clothes, Tops [clothing], Shirts, Short-sleeved T-shirts, Sweat shirts, fleece sweaters, Sweaters, Hoodies, Waistcoats, Sports jerseys, Dresses, Breeches for wear, Footless tights, Coveralls, Skirts, Rainwear, Parkas, Ponchos, bathing wear, Bikinis, Trunks, Frock coats, Wind resistant tops, windsuits, SNOW WEAR, Aprons [clothing], Costumes, Dance clothing, Including tights and ballet suits, Nightwear, Pyjamas, Nighties, Bath robes, Shower caps
Clothing as merchandise, Including the following goods: Underwear, Underwear, items of lingerie, Sports bras, Boxer shorts, Straps and belts, Including belted wallets, Scarves and neckties, Gloves [clothing], Ties, Cuffs, Sweatbands, Bibs of fabric, Socks, stockings, Hosiery, Gloves [clothing], Braces [suspenders] for clothing, Layettes [clothing], Sashes for wear, Wet suits, Maniples, Sleep masks, Ready-made clothing and Haute couture, Non-medicinal caps
Merchandise headgear, Including the following goods: Sports hats, womens's headgear, Headgear for men, Baby headgear, Hats, Woolly hats, Caps, visors, Headbands [clothing], Bandanas [neckerchiefs], ear-warmers
Merchandise footwear, Including the following goods: Sports shoes, Footwear for women, Men's footwear, Baby footwear, Beach shoes, Sandals, thongs, Textile slippers, Slipper socks, Boots, shoes.
The mark was filed in class 35 with following description of goods:
Retail, In the field of entertainment involving the provision of musical, audio and audio-visual works
Subscription-based retail sales, in relation to the following goods: Music and audio content and multimedia content
Advertising
Sale promotions
Providing operation of an online market place for the purchase and sale of goods and services
Consultancy and information regarding the aforesaid services
The aforesaid services provided also via the internet, apps and other forms of electronic or digital data transmission.
The mark was filed in class 41 with following description of goods:
Education
Teaching
Training
Entertainment services
Sporting and cultural activities
Entertainment services
Services of a record company
Multimedia music publishing company
Services of producers
Deejay services
Recording services
Ordering, In connection with the following goods: Sound recording facilities and Studio facilities
Arranging, compiling and producing music and entertainment programmes
The compilation and publication of music lists
Music composition services
Manufacturing services and publication services In connection with the following goods: recorded audio and Recording of music
Manufacturing services and Assembly services In connection with the following goods: Audiovisual works, recorded audio
Providing online music, not downloadable
Recording studio services
Providing digital music (not downloadable) from the Internet
The provision of audio material, information about music albums, artists and songs, via a website
Entertainment services, namely Music presentations and Presentation of current affairs and entertainment news, via a website and via a database
Entertainment services, namely Providing streamed or downloadable music, films, TV programmes, audio books and games to online users, Via global computer networks or via local computer networks
Organising electronic games
Providing of online games, via local computer networks, Via global computer networks, Via the internet and Via cable, wireless and broadband telecommunications services
Production of films and digital animations
Entertainment with the aid of games programs for mobile telephones, in particular via portals and platforms on the Internet
Gambling services
On-line casino services
Arranging and conducting of conferences, seminars, congresses, symposiums, lectures and other such educational activities
Arranging of musical, sporting, educational, recreational, cultural and entertainment events
Publishing services
Issuing and Distribute In connection with the following goods: Newsletters, Lending libraries, Newspapers, magazines, Pamphlets, leaflets, printed matter and other texts and publications
Publishing of music and Music publishing services
Consultancy and information regarding the aforesaid services
All foresaid services also by the means of the Internet and Via apps and via other forms of electronic or digital data transmission.