EUTM file information

018200641

40UP Radio

February 24, 2020

Trademark Summary

The trademark 40UP Radio was filed by 40up IE B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on March 19, 2020, and received one opposition filed on June 22, 2020 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 June 22, 2020

The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).

A transfer of the trademark registration was recorded on May 20, 2021.

The Opposition with reference B 003124889 was refused according to Article 8(5) EUTMR with decision issued on September 14, 2021 by the EUIPO.

Goods And Services

  • The mark was filed in class 38 with following description of goods:
    1. Telecommunication services
    2. Broadcasting services
    3. Communication services by satellite
    4. Telecommunications services provided via fiber optic, wireless and cable networks
    5. Broadcasting of programmes by satellite
    6. Broadcasting of programmes via the internet
    7. Podcasting
    8. Radio and television program broadcasting
    9. Broadcasting of television and radio programs via cable or wireless networks
    10. Interactive television and radio broadcasting
    11. Broadcasting and transmission of cable television programs
    12. Communications via a global computer network or the internet
    13. Communications by computer terminals
    14. Information and consultancy relating to the aforesaid services
    15. All the aforesaid services whether or not via electronic channels, including the Internet.
  • The mark was filed in class 41 with following description of goods:
    1. Education
    2. Providing of training
    3. Entertainment
    4. Sporting and cultural activities
    5. Amusement
    6. Training services
    7. Training workshops
    8. Compilation, editing, production, direction and execution (presentation) of theatre, music, radio and television programmes, and entertainment programmes available online
    9. Audio and video editing services
    10. Direction and compilation of audiovisual productions
    11. Publishing, lending and dissemination of newsletters, books, newspapers, magazines, articles, columns, brochures, leaflets, printed matter and other texts and publications
    12. Providing non-downloadable electronic publications from a global computer network or the Internet
    13. Operating lotteries and other games of chance
    14. Arranging and conducting lectures, training, courses, workshops, conferences, seminars, congresses, symposiums, trade fairs, exhibitions and other such activities for cultural or educational purposes
    15. Information and consultancy relating to the aforesaid services
    16. All the aforesaid services whether or not provided via electronic channels, including the Internet.