The trademark TV RAIN OPTIMISTIC CHANNEL was filed by TVR Studios B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on March 15, 2023, and received one opposition filed on June 15, 2023 by RAI-Radiotelevisione italiana Spa on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by SOCIETÀ ITALIANA BREVETTI S.P.A and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 15, 2023
The application was filed in English, and English was also language of all opposition proceedings (Spanish was selected as the second language).
The Opposition with reference B 003197621 was refused according to Article 8(5) EUTMR with decision issued on October 14, 2024 by the EUIPO. The Appeal with reference B R2397/2024-4 was Trade mark application refused according to Article 27(4) EUTMDR with decision issued on August 19, 2025 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Video cassettes
Floppy discs
Phonograph records
Disks, magnetic
Optical disks
Compact discs [audio-video]
Compact discs [read-only memory]
Sound recording carriers
Magnetic data media
Optical data media.
The mark was filed in class 16 with following description of goods:
Banners of paper
Name badges [office requisites]
Forms, printed
Announcement cards [stationery]
Note books
Pads [stationery]
Pamphlets
Booklets
Paper
Paper sheets [stationery]
Carbon paper
Copying paper [stationery]
Newsletters
Signboards of paper or cardboard
Newspapers
Advertisement boards of paper or cardboard
Magazines [periodicals]
Periodicals
Printed publications
Graphic representations
Calendars
Books
Flyers
Floor decals
Stickers [stationery]
Marking chalk
Folders for papers
Jackets for papers
Loose leaf binders
Ring binders
Posters
Writing materials
Printed matter
Photographs [printed]
Shields [paper seals]
Labels of paper or cardboard.
The mark was filed in class 25 with following description of goods:
Jackets [clothing]
Stuff jackets [clothing]
Clothing
Paper clothing
Outerclothing
Embroidered clothing
Ready-made clothing
Clothing of imitations of leather
Clothing of leather
Waterproof clothing
Clothing incorporating LEDs
Uniforms
Overcoats
Topcoats
Parkas
Shirts
Headwear
Tee-shirts
T-shirts.
The mark was filed in class 35 with following description of goods:
Computerised file management
Demonstration of goods
Opinion polling
Marketing studies
Writing of publicity texts
Layout services for advertising purposes
Updating of advertising material
Word processing
Organisation of exhibitions for commercial or advertising purposes
Organization of trade fairs
News clipping services
Advisory services for business management
Providing business information
Presentation of goods on communications media, for retail purposes
Sales promotion for others
Rental of advertising time on communication media
Rental of publicity material
Publicity material rental
Publication of publicity texts
Radio advertising
Distribution of samples
Dissemination of advertising matter
On-line advertising on a computer network
Advertising by mail order
Television advertising
Modeling for advertising or sales promotion.
The mark was filed in class 38 with following description of goods:
Radio broadcasting
Television broadcasting
Cable television broadcasting
Computer-aided transmission of messages and images.
The mark was filed in class 41 with following description of goods:
Television entertainment
Radio entertainment
Videotaping
Production of films, other than advertising films
Production of radio and television programs
Videotape editing
Recording studio services
Movie studio services
News reporters services
Scriptwriting, other than for advertising purposes
Production of shows
Theater productions
Presentation of live performances
Providing recreation facilities
Party planning [entertainment]
Organization of competitions [education or entertainment]
Organisation of sports competitions
Operating lotteries
Providing online electronic publications, not downloadable
Publication of texts, other than publicity texts
Teaching services
Educational and teaching services
Education and instruction services
Instruction services
Arranging and conducting of workshops [training]
Organization of exhibitions for cultural or educational purposes