The trademark OMA was filed by Hochschule für Musik und Theater München, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on January 18, 2023, and received one opposition filed on February 8, 2023 by Comercial Orbel on Likelihood of confusion. the opponent was represented by IPAMARK S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 8, 2023
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003190070 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on August 13, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Musical sound recordings
Downloadable musical sound recordings
Downloadable digital music
Digital music downloadable provided from a computer database or the internet
Music software
Computer software for processing digital music files
Computer software for creating and editing music and sounds
Musical instrument digital interface controllers being audio interfaces.
The mark was filed in class 38 with following description of goods:
Database services, Namely providing of access to multimedia databases Relating to music-specific themes
Providing access to multimedia databases for the use of software, data, audio and/or video information by means of Internet or intranet Relating to music-specific themes
Electronic transmission of data, documents and multimedia content via the internet and other databases relating to music-specific themes
Providing access to databases
Online information, namely providing of access to computer networks, internet platforms, databases and electronic publications Relating to music-specific themes
Electronic messaging, in relation to the following fields: Articles featuring music-specific learning content, administration of music-specific encyclopaedia projects
Providing access to digital music web sites on the internet.
The mark was filed in class 41 with following description of goods:
Providing on-line electronic publications, not downloadable, in relation to the following fields: Music-related topics
Providing encyclopaedias on the Internet, in relation to the following fields: Music-related topics
Electronic library services for providing electronic information in the form of text, audio and/or video information relating to music-related topics
Providing information, commentary and articles in the field of music via computer networks
Providing online music, not downloadable
Music composition services
Music mixing services
Production of sound and music recordings
Music education
Correspondence courses, in relation to the following fields: Music
Producing and conducting exercises for music classes and programmes
Providing of learning aids for exercising or handling audio and video technology
Providing of learning aids for preparing learning materials with music-related contexts
Online publications, in relation to the following goods: electronic books, Electronic periodicals, Electronic texts, all the aforesaid goods, in relation to the following fields: Music
Organising, arranging and conducting of seminars, Organising, arranging and conducting of workshops (providing of training), in relation to the following fields: Music
Organisation of courses using open learning methods, in relation to the following fields: Music
Organisation of courses using programmed learning methods, in relation to the following fields: Music.