The trademark BEATSTARS was filed by Beatstars, Inc., a U.S. corporation (the "Applicant"). The application was published for oppositions on August 28, 2022, and received one opposition filed on September 20, 2022 by Space Ape Limited on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by KRAMER LEVIN NAFTALIS & FRANKEL LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 20, 2022
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Downloadable computer programs featuring storage and licensing of digital music and media
Downloadable software for use in connection with managing, processing, storing, recording, producing, editing, mixing, remixing, retrieving, tracking, securing, categorizing, searching, publishing, archiving and delivering audio and music files, data and electronic content
Downloadable software for engaging in social networking and interacting with online communities in the field of music
Downloadable software for accessing and streaming multimedia entertainment content
Downloadable software for providing access to an online virtual environment
Downloadable software for facilitating ownership, use, storage or transfer of digital assets, non-fungible and fungible tokens on a decentralized database or blockchain
Downloadable computer software for generating non-fungible tokens for use in virtual worlds
All the foregoing for use in connection with access and use in online environments, virtual online environments, and extended reality virtual environments.
The mark was filed in class 35 with Providing an interactive online retail store services featuring music and marketplace for buying and licensing of music, lyrics, audio files, sounds, and samples and all the foregoing for use in connection with access and use in online environments, virtual online environments, and extended reality virtual environments..
The mark was filed in class 41 with following description of goods:
Music publishing services
Entertainment services, namely, providing streamed and downloadable audio, audiovisual, and creative content to users through a subscription service provided online via a global-communications networks
Entertainment services, namely, providing an online website portal in the field of music featuring streamed and downloadable audio, audiovisual, and creative content
Educational services, namely, conducting online classes, seminars, workshops, in the field of music, music and audio production, and recording
Entertainment services in the nature of organizing, arranging, and hosting virtual performances and social entertainment events
All the foregoing for use in connection with access and use in online environments, virtual online environments, and extended reality virtual environments.
The mark was filed in class 42 with following description of goods:
Providing online non-downloadable computer software platform or portal for the recording, producing, editing, mixing, remixing, processing and reproduction of sound and music
Providing online non-downloadable computer software platform or portal for delivering, distributing, transmitting, storing, sharing, collecting, editing, organizing, and modifying music, audio, and media content
Providing online non-downloadable content management software platform or portal for use in connection with managing, processing, storing, retrieving, tracking, securing, categorizing, searching, publishing, archiving and delivering audio and music files, data and electronic content
Providing non-downloadable content management software platform or portal for uploading and transferring files across multiple digital platforms and mobile devices applications
Providing online platform for engaging in social networking and interacting with online communities in the field of music
Providing non-downloadable online platform or portal for accessing and streaming multimedia entertainment content
Providing non-downloadable software and software platform or portal for facilitating ownership, use, storage or transfer of digital assets, non-fungible and fungible tokens on a decentralized database or blockchain
Providing non-downloadable computer software and platform or portal for generating non-fungible tokens for use in virtual worlds
All the foregoing for use in connection with access and use in online environments, virtual online environments, and extended reality virtual environments.