The trademark HYPNOS BY DREAMINZZZ was filed by DREAMINZZZ, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on February 20, 2023, and received one opposition filed on May 18, 2023 by Ipnos Software Inc. on Likelihood of confusion. the opponent was represented by Abel & Imray LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 18, 2023
The application was filed in French, and French 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:
Computer software, recorded
Software applications for computers, mobile telephones, tablets and mobile telecommunications terminals
Computer software able to be downloaded from a global computer network and/or recorded on computer media
Web application software
All the aforementioned goods being intended for the control and management of smart multimedia devices
Downloadable digital music, Downloadable musical sound recordings, Downloadable video recordings featuring music, Diodes
The aforementioned goods being for or used in relation to smart multimedia devices
Electronic apparatus in the form of sleep and relaxing masks, emitting luminous, vibratory and sensory stimuli, connected to a mobile application ensuring management and control of stimuli frequency.
The mark was filed in class 42 with following description of goods:
Computer software design
Software development
Technical research
Computer software design
Installation of computer software
Maintenance of computer software
Updating of computer software
Rental of computer software
Computer programming
Computer system analysis
Computer system design
Consultancy relating to software design and development
Digitization of documents
Software as a service [SaaS]
Cloud computing
Platform as a service [PaaS]
Computer programming
Consultancy in the field of computers
Conversion of computer programs and data, other than physical conversion
Conversion of data or documents from physical to electronic media
Recovery of computer data
Hosting online web facilities for others for sharing online content
All the aforementioned services being intended for or provided in relation to the control and management of smart multimedia devices.