The trademark MAKE MORE MUSIC was filed by Session GmbH & Co. KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on June 14, 2023, and received one opposition filed on September 13, 2023 by MakeMusic Inc. on Likelihood of confusion. the opponent was represented by SAMSON & PARTNER PATENTANWÄLTE MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 13, 2023
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments
Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity
Apparatus for recording, transmission or reproduction of sound or images
Magnetic data carriers, recording discs
Coin-operated mechanisms
Cash registers, calculating machines and data processing equipment and computers
Fire extinguishers.
The mark was filed in class 15 with Musical instruments.
The mark was filed in class 16 with following description of goods:
Paper, cardboard and goods made from these materials, not included in other classes, Namely paper banners, Bunting of paper, Handkerchiefs of paper, Parchment paper, Placards of paper, Place cards, Mats of paper for beer glasses, Mats of paper for drinking glasses, Paper pennants, Illustration boards, Wallpaper stencils
Printed matter
Bookbinding material
Photographs [printed]
Stationery
Adhesives for stationery or household purposes
Artists' materials
Paint brushes
Typewriters and office requisites (except furniture)
Instructional and teaching material (except apparatus)
Plastic materials for packing (not included in other classes)
Type [numerals and letters]
Printing blocks.
The mark was filed in class 25 with Clothing, footwear, headgear.
The mark was filed in class 41 with following description of goods:
Educational instruction
Training
Entertainment services
Sporting and cultural activities
Renting, in relation to the following goods: Cinematographic apparatus and movie equipment
Entertainer services
Vocational guidance [education or training advice]
Operating and organisation of discotheques
Entertainment information, Karaoke services
Music composition services
Arranging of conferences
Arranging of contests
Publication of books
Organization and arranging of lotteries
Production of record masters
Film recording (filming)
Teaching
Organisation of entertainment events to be conducted at camps
Organization of balls
Conducting of concerts (Arranging and -)
Arranging of conferences and conducting conferences
Arranging and conducting of conventions
Arranging and conducting competitions
Arranging of performance events and Conducting of performances
Organization of exhibitions, in relation to the followings fields: culture or Teaching
Entertainment in the nature of orchestra performances
Scriptwriting services
Publication of non-publicity texts
Dubbing
Film production services
Microfilming
Production of radio and television programmes
Electronic publications
Electronic publication of books and periodicals online
Production of radio entertainment programs
Production of performances and Conducting of shows
Entertainment services in concert halls
Editing of videotapes
Box office services
Rental services, in relation to the following goods: Artistic models, namely, Modelling for artists