The trademark OPN was filed by LSN PUO, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on January 31, 2023, and received one opposition filed on May 1, 2023 by Koninklijke KPN N.V. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Koninklijke KPN N.V. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 1, 2023
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on April 16, 2024.
The Opposition with reference B 003195017 was refused according to Article 8(1)(b) EUTMR with decision issued on June 27, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 35 with following description of goods:
Advertising and marketing
Online advertising on a computer network
Arranging subscriptions to telecommunication services for others
Promoting the goods and services of others
Promotion of goods and services for others Via advertising in the audio-visual field
Presentation of goods on communication media, for retail purposes
Organization of exhibitions for commercial or advertising purposes
Rental of advertising time on communication media
Rental of advertising space
Dissemination of advertising matter online
Advertising management.
The mark was filed in class 38 with following description of goods:
Streaming of digital media content on the Internet
Streaming of audio-visual, television and cinematographic programs via the internet
Streaming of audio, video, and audiovisual material on the internet
Provision of telecommunication access to video and audio content provided via an online video-on-demand service
Providing user access to digital data and content in a data network
Providing access to information, audio, and video via websites, Providing of access to music Via websites
Provision of on- line forums, Providing chat rooms, providing on-line blogs Via the internet
Video broadcasting
Electronic mail and messaging services
Telecommunication services
Webcasting services
Broadcasting services
Streaming of music
Transmission of video films
Television broadcasting.
The mark was filed in class 41 with following description of goods:
Entertainment services, namely, Providing online of videos and audio-visual content
Live performance services
Entertainment services
Providing on-line non downloadable music
Providing online videos
Live musical concerts
Music production and publishing
Arranging and production of music events, Organising and production of concerts and Arranging and conducting of festivals
Arranging of lectures
Organisation of shows
Publishing of online works of others featuring user-generated text, publishing of online works of others featuring audio and video
Providing a website featuring online publications
Provision of films and Providing of documentaries
Provision of films
Videotaping
Producing films and other audiovisual works, Videotape production, Videotape editing
Provision of radio and television entertainment services
Publication of all sound and/or visual media
Editing of radio and television programmes, of audiovisual programmes, for interactive or non-interactive purposes
Production of information programmes, of radio and television entertainment programmes, of audiovisual programmes, for interactive or non-interactive purposes
Rental of audio equipment, Rental of lighting apparatus for studio sets
Rental of scenery for television studios
Rental of video cameras
Rental of movie projectors and Rental of movie props
Rental of cinematographic apparatus
Rental of audio-visual works, Rental of motion pictures and Rental of television programming
Distribution of motion pictures, Distribution of audiovisual works and Distribution of television programming.
The mark was filed in class 42 with following description of goods:
Storage of electronic media, namely, images, text, video, and audio data
Providing online software and software as a service for broadcasting, transmitting, receiving, accessing, viewing, uploading, downloading, sharing, integrating, encoding, decoding, displaying, formatting, organizing, storing, caching, transferring and streaming of data, text, games, game content, digital media, images, music, audio, video and animations
Providing online software and software as a service for television (TV) programming
Providing online software and software as a service for creating, placing, transmitting and measuring the effectiveness of advertisements
Hosting of third party content, photos, videos, audio, music, text, data, images, software, applications, games, web sites and other electronic works