The trademark KNOW MUSIC, KNOW LIFE was filed by Cumberland Corporate Services Limited, a corporation established under the laws of the British Virgin Islands (the "Applicant"). The application was published for oppositions on May 4, 2020, and received one opposition filed on August 3, 2020 by MEDION AG on Likelihood of confusion. the opponent was represented by BECKER & MÜLLER and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 3, 2020
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on January 27, 2021. Appointment and Replacement of representative of the trademark registration was recorded on June 9, 2022. Change of name and professional address of the trademark registration was recorded on August 17, 2022.
The Opposition with reference B 003127456 was rejected according to Article 8(1)(b) EUTMR with decision issued on October 10, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Research, navigation, surveying, photographic, cinematographic, audio visual, optical, detecting, testing and teaching apparatus and instruments
Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity
Apparatus and instruments for recording, recorded and downloadable media, computer software, blank digital or analogue recording and storage media in the field of music and entertainment
Media content for the purpose of entertainment
Vinyl records
Gramophone records
Phonograph records
Disc records
Sound records
LP records
CDs
DVDs
SACDs
Mini-discs
Pre recorded compact discs
Pre recorded multimedia content namely downloadable Mp3 files, video files, audio files
Pre recorded digital video discs, cassette tapes and pre- recorded magnetic data carriers and recording compact discs featuring music, dramatic performances, dance performances, computer and video games and instruction and teaching materials in the fields of music and entertainment
Downloadable music and digital music files accessed via the internet and wireless devices
High density and definition media
Magnetically encoded gift cards
Portal media (pre-recorded disks of sound, audio, digital and video recordings made available to consumers allowing instant communication)
Video recordings
Audio books
Books and other publications recorded on computer media
Downloadable desktop publishing software
Downloadable computer software for processing digital music and image files
Mobile computing and operating platforms consisting of data transceivers, wireless networks and gateways for collection and management of data
Electronic book readers
Downloadable electronic game software
Downloadable computer software for education
Digital media, namely, audiovisual recordings, downloadable audio and video recordings, and downloadable webcasts featuring music and entertainment
Downloadable computer software for publishing magazines, books, newsletters, journals in the field of music and entertainment
Downloadable electronic publications in the nature of newspapers
Downloadable electronic publications, namely, magazines, newsletters, books, journals, workbooks, recipes, training guides, pictures, periodicals and catalogs featuring music and entertainment
Downloadable electronic books
Downloadable sound, music, video, images, games and texts for entertainment purposes
Electronic publications (downloadable) provided on-line from databases, via the Internet or any other communications network for entertainment purposes.
The mark was filed in class 16 with following description of goods:
Paper and cardboard
Bookbinding material
Photographs
Stationery
Adhesives for stationery or household purposes
Artists' materials, namely, pens and pencils
Paintbrushes
Printing blocks
Educational publications, namely, books, hand-outs, workbooks, brochures, flyers, information sheets
Magazines and leaflets
Printed teaching materials
Graphic prints
Graphic art reproductions
Greeting cards
Software programmers and data processing programmers in printed form
Printing types
Printing paper
Photographic prints
Pictorial prints
Prints
Pictures
Calendars
Writing instruments
Diaries
Book covers
Book marks
Comic books
Song books
Printed music sheets
Printed advertising boards of cardboard and paper
Printed news releases in the field of music and entertainment
Workbooks
Workbooks in the field of in the field of music and entertainment
Posters
General feature magazines
Newsletters in the field of music and entertainment
Printed periodicals in the field of music
Print letters
Blank journals
Books on the subject of music and entertainment
Magazine columns in the field of music and entertainment
Girt cards
Certificates
Printed pamphlets, manuals, fiction and non-fiction books in the field of music and entertainment.
The mark was filed in class 25 with following description of goods:
Clothing
Footwear
Headgear
Clothing for men, women and children namely shirts, shoes, dresses, socks, pants, shorts, short sleeved and long sleeved t shirts, jumpers
Outer- clothing, namely, coats, jackets, hoodies
Scarves
Overalls
Overcoats
Pants
Clothing of imitations of leather, namely, jackets, pants, skirts
Clothing of leather, namely, jackets and pants, skirts
Headgear namely, baseball caps, caps being clothing
Footwear namely, shoes
Trainers.
The mark was filed in class 35 with following description of goods:
Advertising services
Marketing services
Business management
Business administration services
Consulting services in the field of business management and business administration
Provision of an on-line marketplace for buyers and sellers of goods and services in the field of entertainment and music
Marketing and promotional services, namely online marketing, billboards, promotional exhibitions
Market research services for publishers in the field of entertainment and music
Market research for compiling information on readers of publications in the field of entertainment and music
Business administration of customer loyalty, incentive or promotional schemes for entertainment purposes
Arranging and conducting marketing promotional events for others
Promoting the sale of goods and services of others through the distributions of printed material and promotional contests in the field of music and entertainment
Distribution of printed advertising matter
Promotional services, namely, distribution of advertising flyers, coupons, catalogues and promotional items of others for entertainment purposes
Magazine advertising
Distribution of advertising materials
Promoting the goods and services of others by preparing and placing advertisements in an electronic magazine accessed through a global computer network
On-line advertising on a computer network
Providing business information via a website
Publication of publicity texts
Sales promotion for others
Product marketing
Event marketing
Promotional marketing
Dissemination of advertising, marketing and publicity materials
Arranging of subscriptions for the publications of others
Online retail, retail store services, mail order and telephone order services for publications, downloadable electronic publications, downloadable and non-downloadable magazines, gift cards, LP records, CDs, DVDs, SACDs, mini-discs, vinyl, printed matter, books, posters, journals, educational material, stationery, books in the field of entertainment, subscriptions to electronic journals, mail order services featuring magazines
Online retail, retail store services, mail order and telephone order services for bags, rucksacks, back packs, bags made of leather, luggage, clothing, clothing for men, women and children namely shirts, shoes, dresses, socks, pants, shorts, short sleeved and long sleeved t shirts, jumpers, outer- clothing, namely, coats, jackets, hoodies, scarves, overalls, overcoats, pants, clothing of imitations of leather, namely, jackets, pants, skirts
Online retail, retail store services, mail order and telephone order services for clothing of leather, namely, jackets and pants, skirts, headgear namely, baseball caps, caps being clothing, golf caps, footwear namely, shoes, trainers
Promoting the goods and services of others through online distributorship services in the field of entertainment merchandise in the nature of music, books, motion pictures, games in the form of printed books, audiocassettes, videocassettes, information, advisory and consultancy services relating to the aforesaid.
The mark was filed in class 41 with following description of goods:
Entertainment services, namely, podcasts, live music concerts, pop up events, in store stands
Providing a website with information in the field of music and entertainment
Teaching services, namely, providing classes, seminars, workshops in the fields of entertainment and music
Entertainment services, namely, providing online electronic games
Educational and entertainment services, namely, organizing and arranging of publishing-related conferences, seminars, exhibitions and symposia in the fields of music and entertainment
Organizing events, namely, organizing, conducting, and hosting publishing-related social entertainment events
Organizing music events, namely, concerts, festivals and theatre shows
Music library services
Information, advisory and consultancy services relating to the aforesaid
Providing on-line computer databases and on-line non-downloadable directory publications in the fields of music and entertainment
Providing information related to music and entertainment via online discussion forums
Online electronic publishing of books and magazines
Providing non-downloadable electronic publications in the nature of books, magazines, journals, workbooks, recipes, training guides, and pictures in the field of music and entertainment
Providing online non-downloadable visual and audio media and recordings featuring music and entertainment
Providing information to customers on music, books, and magazines, all in the field of entertainment and music
Written text editing and publishing of printed matter in the field of music and entertainment
Providing a website with non-downloadable publications in the nature of books, magazines, brochures, in the field of music and entertainment
Writing competitions in the field of music and entertainment
Providing information, advisory and consultancy services relating to all the aforesaid services.