The trademark DIALFANS was filed by Amir Moradi, a national of the French Republic (the "Applicant"). The application was published for oppositions on April 16, 2023, and received one opposition filed on July 16, 2023 by SOCIEDAD ESPAÑOLA DE RADIODIFUSIÓN, S.L.U. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by BAYLOS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 16, 2023
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
The Opposition with reference B 003199730 was refused according to Article 8(1)(b) EUTMR with decision issued on August 21, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Downloadable and recorded content
Information technology and audio-visual, multimedia and photographic devices
Audio recordings
Multi-media recordings
Podcasts
Artificial intelligence and machine learning software
Virtual assistant software
Virtual and augmented reality software
Media content
Software.
The mark was filed in class 35 with Arranging subscriptions to Internet services and Advertisement for others on the Internet..
The mark was filed in class 38 with following description of goods:
Providing internet chatrooms
Providing access to an Internet discussion website
Providing access to Internet chatrooms
Providing access to multimedia content online
Providing access to websites on the Internet or any other communications network
Provision of access to an Internet portal featuring video-on-demand programs
Provision of electronic sound links
Provision of electronic video links
Provision of telecommunication access to video and audio content provided via an online video-on-demand service
Provision of telecommunication access to video content provided via the Internet
Provision of telecommunication access to audio content provided via the Internet
Audio and video broadcasting services provided via the Internet
Audio broadcasting
Audio, video and multimedia broadcasting via the Internet and other communications networks
Audiovisual transmission services
Broadcasting of audiovisual and multimedia content via the Internet
Broadcasting and transmission of pay-per-view television programs
Digital audio broadcasting
Podcasting
Transmission of digital audio and video broadcasts over a global computer network
Transmission of podcasts
Providing third party users with access to telecommunication infrastructure
Provision of teleconferencing facilities
Call screening services
Audio teleconferencing
Computerised telephony services
Live transmissions accessible via home pages on the internet [webcam]
Providing voice chat services
Providing voice communication services over the Internet
Telephone communication services provided for hotlines and call centers
Telephone and telecommunication services
Text messaging services
Transfer of information by telephone
Transmission of messages by telephone
Transmission of telephone calls
Voice-activated dialing services
Video telephone services
Voice transmission services
Voice over Internet Protocol [VoIP] communication services.
The mark was filed in class 41 with following description of goods:
Online entertainment services
Online digital publishing services
On-line entertainment
Entertainment services
Audio recording and production services
Audio and video recording services
Creating animated cartoons
Editing of audio recordings
Film and video tape film production
Live entertainment production services
Production of audio entertainment
Production of audio/visual presentations
Production of entertainment in the form of sound recordings
Production of podcasts
Providing multi-media entertainment via a website
Production of plays.
The mark was filed in class 42 with following description of goods:
Cloud storage services for electronic data
Creating, maintaining and hosting the websites of others
Interactive hosting services which allow the users to publish and share their own content and images online
Platforms for artificial intelligence as software as a service [SaaS]
Platform as a service [PaaS] featuring software platforms for transmission of images, audio-visual content, video content and messages
Providing online non-downloadable software for use in communication
Rental of entertainment software
Software as a service [SaaS] services featuring software for machine learning, deep learning and deep neural networks.