The trademark MiCreator was filed by AUSTRIAN AUDIO GmbH, a corporation established under the laws of the Republic of Austria (the "Applicant"). The application was published for oppositions on May 7, 2023, and received one opposition filed on August 7, 2023 by Xiaomi Inc. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Abion Ireland Limited and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 7, 2023
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003201004 was refused according to Article 8(1)(b) EUTMR with decision issued on March 17, 2025 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Physical, acoustic and optical apparatus
Electrotechnical apparatus, Namely acoustic couplers, Aerials, Audio interfaces, Smartglasses, Digital signals, Measuring devices, electric, Equalizers, Hands-free kits for telephones, High-frequency apparatus, Earphones, loudspeakers, Cabinets for loudspeakers, Measuring apparatus, measuring instruments
Electrotechnical apparatus, namely microphones, Diaphragms [acoustics], Sound locating instruments, Horns for loudspeakers, Transmitters, Electric signals transmitters, Audio- and video-receivers, Sound recording apparatus, Sound transmitting apparatus, Amplifiers, Sound reproduction apparatus, Portable media players, Virtual reality headsets, Wearable computers
Microphones, Headphones, Headsets comprising microphones and headphones, in-ear plugs, in particular being wireless
Amplifiers, sound recording, recording, transmission and reproduction apparatus, reverberation apparatus
Time-delay devices
Infrared, emission, transmission and reception apparatus and installations, ultrasonic transducers, studio equipment, vibration measuring apparatus, acoustic positioning apparatus, direction finders and distance measuring apparatus, measuring apparatus, and complete measuring units for acoustic tests, audio frequency generators, stereophonic apparatus, acoustic components, in particular transducers for recording and reproducing sound, including coupled to amplifiers.
The mark was filed in class 10 with following description of goods:
Medical acoustic apparatus
Hearing aids for the deaf, in particular wireless
High-precision apparatus for medical use, namely hearing protectors, Ear plugs [hearing protection devices].