The trademark LIVING OPERA was filed by Living Opera LLC, a Limited Liability Company (the "Applicant"). The application was published for oppositions on November 7, 2022, and received one opposition filed on February 7, 2023 by Opera Norway AS on Likelihood of confusion. the opponent was represented by Dentons Europe Dąbrowski i Wspólnicy sp. k. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 7, 2023
The application was filed in English, and English was also language of all opposition proceedings (Spanish was selected as the second language).
Change of name and professional address of the trademark registration was recorded on July 4, 2023. Appointment and Replacement of representative of the trademark registration was recorded on June 24, 2024.
The Opposition with reference B 003190065 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on May 9, 2024 by the EUIPO. The Appeal with reference B R1381/2024-2 was Other according to Article 66(1) EUTMR with decision issued on September 18, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Downloadable audio and video recordings featuring music authenticated by non-fungible tokens (NFTs)
Downloadable image files containing artwork authenticated by NFTs
Downloadable multimedia files containing artwork relating to opera authenticated by NFTs
Downloadable multimedia files containing opera audio authenticated by NFTs
Downloadable music files authenticated by NFTs
Downloadable software in the nature of a mobile application for creating NFTs in relation to music or art
Downloadable software in the nature of a mobile application for use in recording audio
Downloadable software in the nature of a mobile application for use in analyzing audio
Downloadable software in the nature of a mobile application for creating visual artwork based on recorded audio
Downloadable software in the nature of a mobile application for creating abstract artwork based on sound.
The mark was filed in class 41 with following description of goods:
Educational services, namely, providing online courses for singers and musicians
Educational services, namely, providing online instruction in the field of music via an online website
Educational services, namely, conducting workshops in the field of music
Teaching in the field of music
Music education
Provision of information relating to music
Providing information in the field of music and entertainment via a website
Entertainment, namely, live music concerts
Educational services, namely, providing online courses in the fields of personal branding and social media engagement
Educational services, namely, providing online instruction in the fields of personal branding and social media engagement
Educational services, namely, conducting workshops in the fields of personal branding and social media engagement
Career coaching services
Career counseling, namely, providing career counseling for artists in the music industry
Production of sound and music video recordings
Music production services
Entertainment services in the nature of recording, production and post-production services in the field of music.