The trademark MGM+ was filed by Metro-Goldwyn-Mayer Lion Corporation, a U.S. corporation (the "Applicant"). The application was published for oppositions on November 22, 2020, and received one opposition filed on February 22, 2021 by GROUPE CANAL+ on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by SANTARELLI and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 22, 2021
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signalling, detecting, testing, inspecting, life-saving 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, transmitting, reproducing or processing sound, images or data
Recorded and downloadable media, computer software, blank digital or analogue recording and storage media
Mechanisms for coin-operated apparatus
Cash registers, calculating devices
Computers and computer peripheral devices
Pre-recorded data carriers with content
Downloadable content
Downloadable electronic publications
Software and hardware for streaming audiovisual and multimedia content via the internet and global communication networks
Software for searching, organizing and recommending audiovisual and multimedia content
Digital media streaming devices, home theatre systems comprised of audio and video receivers and disc players
Downloadable mobile software applications for use in the delivery and distribution of audio, video and multimedia entertainment content including text, data, images, audio, video and audiovisual files
Downloadable software applications for mobile electronic devices and portable electronic devices, namely, mobile phones, cell phones, smartphones, handheld game consoles, tablet computers, laptop computers, and notebook computers for playing videos
Downloadable computer software for playing audio-visual media content
Downloadable computer software for streaming audio-visual media content to mobile electronic devices and computers.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Retail services and wholesale services, including via global communication networks, relating to audio visual recordings, electronic publications and multimedia content
Retail services and wholesale services, including via global communication networks, relating to streamed and downloadable pre-recorded audiovisual and multimedia content
Arranging contracts and subscriptions for telecommunications services
Arranging contracts for time-limited and paid access to databases (for others).
The mark was filed in class 38 with following description of goods:
Telecommunications services
Streaming of audiovisual and multimedia content via the internet and global communication networks
Transmission and delivery of audiovisual and multimedia content via the internet and other global communication networks
Video-on-demand transmission services
Broadcasting of subscription television programs, in particular in the form of pay TV and video-on-demand, transmission of information via wireless or cable networks
Broadcasting of film, television, radio, video text and teletext programs or transmissions and teleshopping programs
Sound, image and data transmission by cable, satellite, computer (networks), telephone lines and any other transmission media
Telecommunications, namely, streaming of audio and visual content on the Internet
Telecommunications services relating to telephone, namely, streaming of audio and visual content
Provision of user access to global computer networks
Provision of access to databases
Provision of access to information on the Internet and other communications networks
Provision of information relating to television, cable and satellite broadcasting or radio broadcasting
Services of access to computer networks
Electronic transmission and retrieval of data, images, audio content, video content, messages and documents
Transmission of sound, images and video data over the Internet
Broadcasting, transmission, and distribution of programs, films, images, music, games, excerpts and texts via any technological means to television sets, personal computers and recorders, wireless receivers, telephones and mobile phones, public displays and any other device or facility capable of receiving such content
Broadcasting and retransmission of radio or audiovisual programs
Mobile media services consisting of the electronic transmission of multimedia information and entertainment content, namely, video and audio content, images, graphic illustrations and music via the Internet, cable and wireless networks for downloading to mobile phones
Television broadcasting services including the operation of on-subscription television services including video-on-demand services
Transmission and broadcasting of television programs and films and in particular video-on-demand programs.
The mark was filed in class 41 with following description of goods:
Education
Providing of training
Entertainment
Sporting and cultural activities
Entertainment services, namely, providing non-downloadable movies, television shows, multimedia entertainment content and information
Providing a website featuring movies, television shows, multimedia entertainment content and information
Radio, internet and television entertainment
Publication of printed matter (other than for advertising purposes)
Production, showing and rental of film, television, radio, videotext and teletext programs and transmissions (other than for advertising purposes)
Rental of motion pictures and cinema presentations
Production, showing and rental of teleshopping programs
Entertainment services in the nature of providing entertainment programs and content, namely, movies, television programs, video clips, graphics and information relating to movies and television programs via the Internet, electronic communications networks, computer networks and wireless communications networks
Entertainment services, namely, providing non-downloadable movies, music and television shows via a video-on-demand service
Interactive online entertainment in the nature of a website containing non-downloadable photographic, video, audio and prose presentations, video clips and other multimedia materials relating to movies and television programs
Providing a searchable on-line entertainment database featuring on-line non-downloadable movies, music and television shows available through the Internet, telecommunications networks and wireless telecommunications networks in the field of entertainment
Providing entertainment information regarding movies, music, television shows, and multimedia content via social networks
Providing websites and applications featuring a wide variety of general interest entertainment information relating to motion picture films, television programs, musical videos, film clips, photographs, and other multimedia materials
Providing websites and applications featuring a wide variety of general interest educational information
Providing information, reviews, and recommendations regarding movies and television shows via a website and video-on-demand transmission services
Presentation of films, motion pictures, television and radio programs, sound and video recordings, via and to all types of media, including, inter alia, television, cable and satellite television, Internet, telephone.