018205707

X

---

March 3, 2020

Trademark Summary

The trademark application X was filed by Oliver Sim, a national of the United Kingdom of Great Britain and Northern Ireland (the "Applicant") and Romy Croft, a national of the United Kingdom of Great Britain and Northern Ireland (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). Application refused.

The application was filed in English (Italian was selected as the second language).

The Refusal with reference B 018205707 was Rejected according to Article 7(1)(b) EUTMR with decision issued on July 14, 2021 by the EUIPO.

---

Goods And Services

• The mark was filed in class 9 with following description of goods:
  
  1. Sound recordings
  2. Video recordings
  3. Tapes
  4. Cassettes
  5. Compact discs
  6. Films
  7. Video cassettes
  8. Video recorders
  9. CD ROMs
  10. Podcasts
  11. Downloadable podcasts
  12. Apparatus for recording, transmission or reproduction of sound or images
  13. Magnetic data carriers, recording discs
  14. Compact discs, DVDs and other digital recording media
  15. Pre-recorded discs
  16. Computer software
  17. Sound recordings in the form of phonograph records, discs, CDs, CD-ROMs, laser discs and tapes
  18. Video recordings in the form of discs, and DVDs
  19. Discs for the recordal of sound and/or vision
  20. Audio files and recordings (downloadable or streamable)
  21. Video files and recordings (downloadable or streamable)
  22. Text files (downloadable)
  23. Downloadable software
  24. Multimedia apparatus and instruments
  25. Electronic publications (downloadable or streamable)
  26. Interactive computer software
  27. Apparatus for searching electronic information from a global computer network or the Internet
  28. Computer programs, namely, software linking digitised video and audio media to a global computer information network
  29. Digital music (downloadable or streamable) provided from the Internet
  30. Digital music (downloadable or streamable) provided from MP3 Internet web sites
  31. Computer games programmes
  32. Computer games software
  33. Downloadable computer games
  34. Downloadable computer game programs
  35. Downloadable video game programs
  36. Downloadable video game software
  37. Downloadable graphic design templates
  38. Downloadable publications in electronic form
  39. Music recordings
  40. Downloadable music files
  41. Musical video recordings
  42. Downloadable musical sound recordings
  43. Digital music downloadable from the internet
  44. Musical recordings in the form of discs
  45. Digital music downloadable provided from mp3 internet web sites
  46. Downloadable image files
  47. Mobile phone covers and cases
  48. Decorative magnets
  49. Fridge magnets
  50. Mobile applications
  51. Downloadable mobile applications
  52. Games software adapted for use with television receivers
  53. Publications in electronic form, typically supplied on-line from databases or from facilities provided on the Internet
  54. Downloadable books
  55. Downloadable electronic books
  56. Digital instructional information downloadable from the Internet
  57. Downloadable publications
  58. Application software
  59. Streamable sound recordings
  60. Streamable videos
  61. Media streaming software
  62. Computer application software for streaming audio-visual media content via the Internet
  63. Downloadable computer software
  64. Downloadable application software
  65. Downloadable video files
  66. Downloadable computer graphics
  67. Downloadable multimedia files
  68. Downloadable educational media
  69. Downloadable screensavers for phones and computers
  70. Downloadable wallpapers for phones and computers
  71. Downloadable electronic greetings cards
  72. Software for providing emoticons
  73. MP3 players
  74. Digital versatile discs featuring music, comedy, drama, action, adventure, and/or animation
  75. Stereo headphones
  76. Radios
  77. Computer mouse pads
  78. Sunglasses, eyeglasses, and cases and bags adapted therefore
  79. Parts and fittings for all the aforesaid goods
  80. Cameras, camera accessories
  81. Video cameras
  82. Photographic and cinematographic apparatus and instruments
  83. Photographic transparencies, photographic films
  84. Batteries
  85. Encoded magnetic cards, magnetic identity cards, credit cards, debit cards
  86. Goggles, including goggles for swimming
  87. Navigating equipment, compasses
  88. Downloadable screensavers and ringtones
  89. Video games software
  90. Holograms, credit cards with holograms.
• The mark was filed in class 16 with following description of goods:
  
  1. Printed matter, newspapers, periodical publications, magazines, books
  2. Photographs, pictures, prints
  3. Posters
  4. Greeting cards
  5. Postcards
  6. Notepads
  7. Address books
  8. Scrapbooks
  9. Folders
  10. Catalogues
  11. Tickets
  12. Calendars
  13. Photographs albums
  14. Diaries
  15. Booklets
  16. Postage stamps
  17. Covers for postage stamps
  18. Stamp albums
  19. Stickers
  20. Car stickers
  21. Decalcomanias
  22. Cards
  23. Stationery, pens, pencils, erasers, pencil sharpeners, pencil cases, rulers, boxes for pens, book markers
  24. Drawing materials, artists' materials
  25. Instructional and teaching materials
  26. Gift bags, carrier bags
  27. Envelopes
  28. Blackboards
  29. Height charts.
• The mark was filed in class 25 with following description of goods:
  
  1. Clothing, footwear and headgear
  2. Sports clothing
  3. Tracksuits
  4. Sports bras
  5. Sporting leggings
  6. Sports shorts
  7. Clothing, namely, shirts, T-shirts, hoodies, trousers, jeans, shorts, sports shorts, swimwear, beachwear, bikinis, swimming caps, swimming costumes, fitted swimming costumes with bra cups, beach cover-ups, underwear, lingerie, boxer shorts, sleepwear, robes, pyjamas, pyjama sets, nightdresses, bras, sport bras, bralets, bustiers, bra accessories, namely bra straps, bra extenders, bra pads, self-adhesive support tapes for wear
  8. Clothing, namely, articles of outerwear, coats, jackets, jumpers and cardigans, pullovers, twinsets, knitwear, leggings, neckties, waistcoats, headbands and wristbands, skirts, wraps, jerseys, blouses, dresses, sweatshirts, bibs, stockings, ties, shawls, blazers, headbands and wristbands, overalls halter tops, tank tops, crop tops, sweaters, dresses, blazers, blouses, slacks, suits, vests
  9. Clothing, namely, sweatpants, sweatshirts, socks and hosiery, stockings, pantyhose, tights, leotards saris, sarongs, ties and belts, scarves, shawls, gloves, mittens, belts (being articles of clothing), aprons, footwear, namely, boots, shoes, slippers, sandals, trainers, booties, workout shoes and running shoes, beach shoes, soles for footwear
  10. Headgear, namely, headbands, hats, caps, berets, earmuffs, top hats, visors, baseball caps, headbands, beanies
  11. Swimwear and costumes
  12. Costumes for hire, including fancy dress costumes
  13. Waterproof clothing, footwear and headgear
  14. Sun visors.
• The mark was filed in class 35 with following description of goods:
  
  1. Advertising
  2. Business management
  3. Business administration
  4. Provision of business information
  5. Advertising services provided via the Internet
  6. Production of television and radio advertisements
  7. Retail services and online retail services in relation to food and drink, CDs, DVDs, posters, books, magazines, glassware, crockery, drinksware, bags, calendars, mobile phone accessories, caps, hats, t-shirts, socks, hooded tops (clothing), zip-up tops (clothing), stationery, computer accessories, bed linen, kitchen linen, bath towels
  8. Online retail services and online retail services in relation to food and drink, CDs, DVDs, posters, books, magazines, glassware, crockery, drinksware, bags, calendars, mobile phone accessories, caps, hats, t-shirts, socks, hooded tops (clothing), zip-up tops (clothing), stationery, computer accessories, bed linen, kitchen linen, bath towels
  9. Retail services relating to video recordings, tapes, cassettes, compact discs, films, video cassettes, video recorders, CD ROMS, computer games software, computer software, video games software and online games
  10. Online retail services relating to video recordings, tapes, cassettes, compact discs, films, video cassettes, video recorders, CD ROMS, computer games software, computer software, video games software and online games
  11. Retail services relating to digital music downloadable from the Internet
  12. Online retail services relating to digital music downloadable from the Internet
  13. Online retail services for downloadable and pre-recorded music
  14. Retail services relating to periodical publications, magazines, books, photographs, pictures, prints, posters, notepads, catalogues, tickets, calendars, diaries, booklets, stickers, car stickers, cards, stationery and badges
  15. Online retail services relating to periodical publications, magazines, books, photographs, pictures, prints, posters, notepads, catalogues, tickets, calendars, diaries, booklets, stickers, car stickers, cards, stationery and badges
  16. Retail services relating to clothing, clothing accessories, footwear, headgear and bags
  17. Online retail services relating to clothing, clothing accessories, footwear, headgear and bags
  18. Retail services relating to perfumes, aftershaves and cosmetics
  19. Online retail services relating to perfumes, aftershaves and cosmetics
  20. Retail services relating to cups, mugs, crockery, cutlery, textiles, bed linen, toys
  21. Online retail services relating to cups, mugs, crockery, cutlery, textiles, bed linen, toys
  22. Promotion of musical concerts
  23. Business management of musicians
  24. Business management of musical performers
  25. Retail services in relation to musical instruments
  26. Retail services in relation to downloadable music files.
• The mark was filed in class 41 with following description of goods:
  
  1. Entertainment services
  2. Sound recording and video entertainment services
  3. Entertainment services provided by on-line streams
  4. Provision of information on entertainment via pod cast
  5. Sound recordings provided by on-line streams
  6. Video recordings provided by on-line streams
  7. Video and audio recording production and recitals
  8. Entertainment services by stage production
  9. Concert, musical and video performances
  10. Television and radio entertainment service
  11. Entertainment services by stage production and cabaret
  12. Production of video and /or sound recordings
  13. Presentation, production and performance of shows, musical shows, concerts, videos, multimedia videos and radio and television programmes
  14. Recording, film, and television studio services
  15. Audio, film, video and television recording services
  16. Publishing
  17. Music publishing
  18. Sound recording, film and video production and distribution services
  19. Arranging and conducting of seminars, conferences and exhibitions
  20. Publication of books, magazines and other texts
  21. Rental of films, video and other visual media recordings
  22. Electronic publication of sound, images and data
  23. Digital music (not downloadable) provided from the Internet
  24. Arranging of concerts
  25. Management of concerts
  26. Presentation, production and performance of shows, musical shows, concerts
  27. Entertainment services in the nature of guest appearances at events
  28. Electronic games services provided via a global computer network
  29. Providing on-line publications (non-downloadable or non-streamable)
  30. On-line publication of electronic books and journals (non-downloadable)
  31. Publication and distribution of printed media and recordings
  32. Production and distribution of radio and television shows and programmes
  33. Radio production services
  34. Production of animated and live action programmes
  35. Production of recorded music
  36. Organizing and presenting displays of entertainment relating to music
  37. Providing interactive multi-player computer games via the Internet and electronic communication networks
  38. Organisation and conduct of entertainment, games and competitions.