The trademark BeatDynamic was filed by Beijing Shu Ju Bian Huan Technology Co., Ltd., a corporation established under the laws of the People's Republic of China (the "Applicant"). The application was published for oppositions on February 10, 2021, and received one opposition filed on May 10, 2021 by Beats Electronics, LLC on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by D YOUNG & CO LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 10, 2021
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer software
Software
Downloadable computer software
Computer software development programs
Business software applications
Application software
Downloadable computer software applications
Downloadable smart phone application (software)
Computer application software
Computer software for use as an application programming interface (API)
Computer software for creating indexes of information, indexes of web sites and indexes of other information resources
Database management software
Computer application software for use in management of a database
Data storage programs and software
Database management system
Computer devices for the management of data
Computer hardware
Data processing equipment
Computer peripherals, equipment for data entry
Equipment for data output, equipment for data storage and data transmission equipment
Computer hardware and software for compressing and decompressing digital data publications in electronic form (downloadable) supplied on-line from databases
Audio and video recordings, downloadable publications and software supplied on-line from a computer databases or the Internet
Audio, video, still and moving images and data recordings in compressed and uncompressed form
Downloadable audio recordings, video recordings, music, sound, images, text, publications, signals, software, information, data and code provided via telecommunications networks, by online delivery and by way of the Internet and the world wide web
Sound, video and data recording and reproducing apparatus for storing, recording, transmitting and reproducing sound and/or images
Downloadable music files
Computer programs for recording, processing, receiving, reproducing, transmitting, modifying, compressing, decompressing, broadcasting, merging, and/or enhancing sound, video, images, graphic and data
Software for processing electronic payments.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Marketing
Sales promotion (for others)
Business consultancy relating to licenses
Data management, storage and retrieval services
Systematization, compiling, updating and administering of data in computer database
Computerized file management
Online retail services for downloadable digital music
Information, advisory, and consultancy services relating to all the foregoing.
The mark was filed in class 41 with following description of goods:
Music production services
Music publishing services
Distribution of sound recordings, music and musical works
Providing non-downloadable music through the Internet
Providing non-downloadable digital music from a global computer network, websites