The trademark GAP BAND was filed by Charlie Wilson, a national of the United States of America (the "Applicant"). The application was published for oppositions on November 14, 2022, and received one opposition filed on February 9, 2023 by TOTAL EXPERIENCE, LLC on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by PAGE, WHITE & FARRER GERMANY LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 9, 2023
The application was filed in English, and English was also language of all opposition proceedings (Spanish was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Motion picture films and video recordings featuring, music
Musical sound recordings, downloadable music recordings
Downloadable video recordings featuring music
Musical ringtones downloadable from the internet.
The mark was filed in class 41 with following description of goods:
Entertainment services in the nature of live musical performances
Entertainment, namely, live music concerts
Music composition services
Entertainment services, namely, providing a web site featuring entertainment information and news releases about a music group, non-downloadable prerecorded music by a musical group, non-downloadable musical performances, musical videos and related film clips by a music group and photographs, all on-line via a global computer network
Entertainment services, namely, providing a website featuring entertainment commentary about a music group and non-downloadable photos and non-downloadable videos about a music group
Entertainment services, namely, providing on-line, non-downloadable virtual audio files, video files, image files, music, postcards, posters, photographs toys, games for use in virtual environments.