The trademark CHROMATIC TALENTS was filed by Julia Osterried, a national of the Federal Republic of Germany (the "Applicant") and Simon Adrian, a national of the Federal Republic of Germany (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on August 30, 2022, and received one opposition filed on November 22, 2022 by CROMATICS Verwaltungs UG (haftungsbeschränkt) on Likelihood of confusion. the opponent was represented by Thoelke Przybilla Schaffner Rechtsanwälte GbR and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 22, 2022
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Digital books downloadable from the Internet
Digital music downloadable provided from the internet
Films, exposed
Prerecorded CD-Is
Prerecorded CD-ROMs
Pre-recorded compact discs
Prerecorded data carriers for use with computers
Pre-recorded DVDs
Pre-recorded cassettes
Pre-recorded laser discs
Media content
Pre-programmed discs
Recorded tape cassettes
Pre-recorded videos
Prerecorded videodiscs
Glasses, sunglasses and contact lenses
Spectacle cases
Spectacle chains
Spectacle cords
Computer software
Decorative magnets
E-books
Electronic publications, downloadable
Downloadable educational media
Downloadable digital music
Electronic publications, downloadable, relating to games and gaming
Downloadable information relating to games and gaming
Downloadable media
Downloadable multimedia files
Downloadable podcasts
Downloadable postcards
Downloadable video recordings
Cell phone covers
Covers for smartphones
Covers for tablet computers
Audio cassettes
Bags adapted for laptops
Magnetic data media
Mobile apps
Multi-media recordings
Downloadable music files
Musical cassettes
Podcasts
Cell phone straps
Records [sound recordings]
Software and applications for mobile devices
Audio visual recordings
Audio recordings
Sound recording carriers
Videotapes
Video cassettes
Video game programs.
The mark was filed in class 25 with following description of goods:
Clothing
Waist belts
Headgear
Scarves
Footwear
Kerchiefs [clothing].
The mark was filed in class 35 with following description of goods:
Business organization and operation consultancy
Assistance and advice regarding business management
Provision of assistance [business] in the operation of franchises
Services rendered by a franchisor, namely, assistance in the running or management of industrial or commercial enterprises
Retail store services in the field of clothing
Retail services connected with the sale of clothing and clothing accessories
Retail services in relation to downloadable electronic publications
Retail services in relation to downloadable music files
Retail services in relation to headgear
Retail services in relation to footwear
Business management of musicians
Business management consultancy and advisory services
Business strategy and planning services
Wholesale services in relation to clothing
Wholesale services in relation to headgear
Wholesale services in relation to footwear
Franchising services providing business assistance
Business project management
Commercial administration of the licensing of the goods and services of others
Merchandising
Online business networking services
Online retail store services relating to clothing
Online retail services for downloadable and pre-recorded music and movies
Online advertisements
Business advice and consultancy relating to franchising
Mail order retail services for clothing
Advertising, marketing and promotional services.
The mark was filed in class 41 with following description of goods:
Audio, video and multimedia production, and photography
Recording of music
Providing on-line publications
Recording studio services
Coaching
Music publishing services
Conducting of cultural events
Conducting courses, seminars and workshops
Providing online training seminars
Dance events
Music composition services
Sporting and cultural activities
Live music performances
Live entertainment
Music publishing and music recording services
Electronic online publication of periodicals and books
Organisation of conferences, exhibitions and competitions
Arranging and presenting of live performances
Planning of plays or musical shows
Organization of dancing events
Production of radio and television programmes
Production of sound and image recordings on sound and image carriers
Production of sound recordings
Ticket reservation and booking services for cultural events
Sporting activities
Entertainment services
Publication of books, magazines, almanacs and journals
Publication of material which can be accessed from databases or from the internet
Publication of posters
Provision of entertainment information via the Internet
Providing online electronic publications in the field of music, not downloadable.