The trademark IE: MUSIC was filed by Ie: music ltd, a corporation established under the laws of the United Kingdom of Great Britain and Northern Ireland (the "Applicant"). The application was published for oppositions on October 16, 2022, and received one opposition filed on January 16, 2023 by INSTITUTO DE EMPRESA, S.L. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by BAYLOS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 16, 2023
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:
Sound and/or video recordings
Sound and/or video recording media
Audio and visual recorded media
Sound and/or video recordings including cassettes, records, discs, tapes or wires
Recording discs
Magnetic data carriers including magnetic data carriers for bearing sound and/or video recordings and magnetic data carriers for recording computer programs or data
Discs, video discs, compact discs, mini discs, DVDs, tapes, cassettes, video tapes and cartridges all blank or previously recorded
CD-ROMs
Computer software
Computer programs
Electronically, magnetically and optically recorded data for computers
Computer games
Video games and telephonic apparatus
Electronic publications
Downloadable electronic publications
Cinematographic, movie, television, photographic films and motion pictures
Apparatus and instruments, all for recording, reproducing and/or transmitting sound and/or video
Radio and television apparatus and instruments both for reception and transmission
Compact disc players, mini disc players, DVD players, audio and video tape players
Radios
Karaoke machines
Video accessories
Cinematic and photographic apparatus and instruments
Racks adapted to hold records, audio cassettes, audio and video tapes, DVDs, mini discs, compact discs and computer discs
Cameras
Parts, fittings and accessories for all the aforesaid goods.
The mark was filed in class 16 with following description of goods:
Printed matter
Paper and cardboard
Books, brochures, diaries, directories, guides, handbooks, journals, leaflets, notebooks, pamphlets, magazines, manuals and periodicals, reports and calendars
Promotional material, publications, albums, almanacs, booklets, newsletters
Stationery and printed forms
Instructional and teaching materials
Stationery
Document files and holders
Folders for papers and stationery
Loose leaf binders
Signboards of paper or cardboard
Writing pads
Writing paper
Parts and fittings for all the aforesaid goods.
The mark was filed in class 35 with following description of goods:
Music talent agency services
Talent agency services
Business management of performing artists
Talent management agencies
Talent agencies for musicians, vocalists, singers, entertainers, composers, directors, actors comedians, athletes, esports players, writers, animals, and children
Employment talent agencies
Professional business and career consultation
Strategic marketing, advertising, market research, branding and promotional services in the fields of music, music entertainment, music performances, arts, theatre, news media, print media, broadcast media, and sports industries
Brand imagery consulting services for others in the fields of music, music entertainment, music performances, arts, theatre, news media, print media, broadcast media, and sports industries
Commercial administration of the licensing of music, goods and services of others
Commercial sponsorship consultation
Personal appearance booking agency relating to musical, athletic, entertainment, location based entertainment, live stage show and multi-media productions and events, namely, arranging personal appearances by persons working in the field of music, film, theatre, television, entertainment or sport
Business services relating to the provision of sponsorship for musicians, vocalists, singers, entertainers, composers, artistes, musical creators, musical performers, television and films
Business negotiations, negotiation of commercial transactions for musicians, vocalists, singers, entertainers, composers, and other performing artists
Creative marketing design services
Advertising and marketing services, namely, promoting and marketing the goods and services of others through all public communications means
Advertising, marketing and business management consultancy
Product merchandising for others
Sales promotion services for others
Direct marketing services
Direct marketing consulting services
Direct marketing advertising for others
Customer relationship management services
Promoting the goods and services of others by arranging for businesses to affiliate their goods and services with the goods and services of third parties by means of sponsorship relationships
Public relations
Negotiation of business contracts for others
Event planning and management for marketing, branding, promoting or advertising the goods and services of others
Special event planning for business purposes
Special event planning for commercial, promotional or advertising purposes
Business meeting planning
Business consulting, management and planning services in the field of entrepreneurship and start-up ventures
Business development consulting services in the field of entrepreneurship and start-up ventures
Market research services
Business consulting, management and planning services for commercial enterprises
Commercial sponsorship
Marketing and promotional services
Advertising agency and marketing agency services
Preparation and presentation of audio-visual displays for advertising purposes
Sales advisory services
Dissemination of advertisements
Rental of advertising space
Business and media advisory and consultancy services
Business management
Business administration
Information, advisory and consultancy services relating to all the aforesaid.
The mark was filed in class 36 with following description of goods:
Provision of accountancy and financial services
Financial consulting and advisory services
Facilitation of third party financial sponsoring of musicians, vocalists, singers, entertainers, composers, sporting events, music events, tours, motion pictures, television programs, broadcast media services, on-line media and entertainment content transmitted via wireless devices
Financial consultation in the nature of assisting third parties with financial and strategic initiatives and obtaining financing
Investment and financial asset advisory services
Financial analysis services
Financial research services
Capital investment services
Insurance and financial information and consultancy services
Insurance consultancy
Insurance services in the nature of loss control management for others
Arranging for financing of television programs, motion pictures, television and motion picture scripts, on-line and other digital content, including webisodes and entertainment content transmitted via wireless communication devices, music, videograms, books and magazines, live stage performances, multi-media productions, other live entertainment events
Information, advisory and consultancy services relating to all the aforesaid.
The mark was filed in class 41 with following description of goods:
Education, social, cultural and entertainment services
Production and distribution services in the field of sound and/or visual recordings and entertainment
Information services relating to entertainment and events provided on-line from a computer database or the Internet
Providing digital music (downloadable) from the Internet and from MP3 Internet websites
Production of masters of sound and/or visual recordings
Hiring out sound recordings
Recording studio services
Providing websites featuring information, news, videos, images and audio content in the fields of music, film, theatre, television, entertainment, sports
Information services relating to the mixing, enhancement and recordal of sound and/or images
Producing, arranging and organizing music
Arranging music performances, music events, music shows and musical entertainment
Digital music (not downloadable) provided from the internet
Entertainment services provided by musicians, live musical performances
Entertainment services in the nature of development, creation, production, distribution, and post-production of music, musical performances, motion pictures, television shows and multimedia entertainment content
Publication of texts, books, magazines and other printed matter
Publishing of electronic publications
Publication of music, publishing services, literary agency services, booking of entertainment
Arranging of seminars, exhibitions and lectures
Audio entertainment services
Audio-visual display presentation services for entertainment purposes
Services providing entertainment in the form of live musical performances or recorded music
Entertainment services performed by a musical group, by musicians, by singers, by a musical vocal group or by vocalists
Live entertainment
Live entertainment production services
Live entertainment services
Management of entertainment services
Musical entertainment services
Musical group entertainment services
Booking of entertainment
Entertainment
Entertainment by means of concerts
Booking agency services
Organisation of competitions and award ceremonies
Provision of entertainment information by electronic means including the Internet
Arranging and conducting of conferences, conventions and exhibitions
Provision of radio and television entertainment services
Information relating to entertainment, music, live performances and events, recordings
Literary agency services
Booking agency services, namely, arranging for personal appearances by musicians, vocalists, singers, entertainers, composers, and persons working in the field of music, film, theatre, television, comedy, entertainment, or sports
Information, advisory and consultancy services relating to all the aforesaid.