The trademark MARRACASH was filed by Bartolo Fabio RIZZO, a national of the Italian Republic (the "Applicant"). The application was published for oppositions on April 2, 2023, and received one opposition filed on June 14, 2023 by ASOS GIYIM TEKSTIL INSAAT SANAYI TICARET LIMITED SIRKETI on Likelihood of confusion. the opponent was represented by ESQUIVEL & MARTIN SANTOS EUROPEAN PATENT AND TRADE MARK ATTORNEYS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 14, 2023
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003197502 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on July 7, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Musical sound recordings
Audiovisual recordings featuring music and musical based entertainment
Downloadable musical sound and downloadable audiovisual recordings featuring music and musical based entertainment
Downloadable ringtones
Digital music downloadable provided from a computer database or the internet
Computer programs and software for use on mobile telephones and other hand-held telephone apparatus for downloading audio and video files
Downloadable publications
Computer software for reviewing, storing, organising and playing audio and video content
Downloadable podcasts
Podcasts
Talking books
Audio recordings
Downloadable digital music
Downloadable virtual goods, namely, computer software programs featuring in-game resources, tokens, and virtual currency for use in video games and online virtual worlds
Downloadable software for enabling users to electronically create, store, send, receive, accept, and transmit digital tokens based on the blockchain technology
Downloadable software for creating digital tokens using blockchain technology to facilitate the transfer between users, to allow users to post digital content, and to allow users to search and view digital content
Downloadable computer programs and files comprising toys, avatars and emoticons for use in digital platforms and virtual environments created for exchanging, trading and entertainment purposes or for use with electronic games
Computer programs pre-recorded on disks, cartridges and tapes, in relation to the following fields: And music, musical performances and Providing entertainment services.
The mark was filed in class 25 with following description of goods:
Clothing, footwear, headgear
Men's, women's and children's clothing in general, including the following goods: Leather dresses, Shirts, blouses, Skirts, Suits, jackets, Trousers shorts, Jerseys [clothing], Undershirts, Sweat shirts, Pyjamas, Stockings, Vest tops, Corsets [underclothing], Suspenders, Pants, Brassieres, Slips [underclothing], Hats, Caps, Visors, Bandanas [neckerchiefs], Headscarves, Cravats, Raincoats, overcoats / top coats / topcoats, Blousons, Bathing suits, Tracksuits, Cagoules, Ski trousers, Waist belts, Pelisses, Scarves, gloves, Dressing gowns
Footwear in general, including slippers, shoes, sports shoes, boots and sandals.
The mark was filed in class 41 with following description of goods:
Entertainment services in the nature of live performances
Live concerts and Music festivals
Recording of music, music recording studio services and music production services
Production of sound recordings
Music publishing services
And music composition and transcription for others namely, adaptation of a composition for a different voice or instrument
Television programmes
Organising, arranging and conducting contests and competitions
Production and presentation of live shows, Production and presentation of award ceremonies and staged events
Production of television programmes, radio programmes, movies and pre-recorded video and audio content, digital versatile discs (DVDs), compact discs (CDs) and other recording media
Providing of streaming entertainment content, namely downloadable ring tones, digital music in MP3 format, non-downloadable publications, films, videos, downloadable audio books, text signals, music, sound, graphics, games and pictures, concerts, audio, videos and other multimedia content via an online environment
Provision, production and distribution of audio and visual recordings in all formats, namely, cassette tapes, compact discs, phonograph records, pre-recorded audio and video tapes, discs and cassettes featuring music and musical performances, and entertainment
Production of shows
Organisation of shows
Provision of radio and television entertainment services
Production and arranging of virtual shows provided via a digital platform.