The trademark DG STAGE+ was filed by Deutsche Grammophon Gesellschaft mbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on December 7, 2021, and received one opposition filed on March 7, 2022 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 March 7, 2022
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
Change of name and professional address of the trademark registration was recorded on October 13, 2021.
Goods And Services
The mark was filed in class 9 with following description of goods:
Pre-recorded audio tapes, discs and cassettes, video tapes, discs and cassettes, digital audio and audio video tapes and discs, CDs, DVDs, laser discs, and phonograph records all featuring music and entertainment
Theatrical and musical sound and video recordings
Downloadable and recorded virtual reality game software
Virtual reality game software recorded on tapes, cartridges and cassettes
Downloadable ring tones, music, MP3 files featuring music and entertainment, graphics, images in the field of music and music-related entertainment, and videos in the field of music and music-related entertainment, all for wireless communication devices
Downloadable music, MP3 files featuring music and music-related entertainment, graphics, images in the field of music and music-related entertainment, and videos in the field of music and music-related entertainment
Downloadable and recorded computer game software
Computer game software recorded on tapes, cartridges and cassettes
Downloadable and recorded video game software
Video game software recorded on tapes, cartridges and cassettes
Turntable slipmats
Mouse pads
Downloadable electronic publications in the nature of books, booklets, sheet music, magazines, journals, manuals, brochures, leaflets, pamphlets and newsletters, all in the field of music and music-related entertainment
Downloadable mobile applications for accessing, displaying, distributing, downloading, playing, receiving, streaming, and transmitting music and music-related entertainment
Plastic and cardboard cases for storing phonograph records, cassettes, CDs, DVDs, and other physical media
Plastic and cardboard phonograph record sleeves
Hand grips, stands, mounts, and protective cases and covers adapted for handheld electronic devices, namely, cellphones, smartphones, tablet computers, cameras, and portable sound and video players.
The mark was filed in class 35 with following description of goods:
Promotional services, namely, promoting the social justice, non-profit, volunteer, community service, charitable, and philanthropic organizations and programs of others
Organizing and administering of non-monetary contributions to social justice, non-profit, volunteer, community service, charitable, and philanthropic organizations and programs in the fields of music and music related entertainment
Organizing and administering volunteer programs and community service projects in the field of music and music related entertainment
Distributorship services relating to pre-recorded audio tapes, discs and cassettes, video tapes, discs and cassettes, digital audio and audio video tapes and discs, CDs, DVDs, laser discs, and phonograph records, theatrical and musical sound and video recordings, downloadable and recorded virtual reality game software, virtual reality game software recorded on tapes, cartridges and cassettes, downloadable ring tones, music, MP3 files, graphics, images and videos, downloadable music, downloadable and recorded computer game software, computer game software recorded on tapes, cartridges and cassettes, downloadable and recorded video game software, video game software recorded on tapes, cartridges and cassettes, turntable slipmats, mouse pads, downloadable electronic publications in the nature of books, booklets, sheet music, magazines, journals, manuals, brochures, leaflets, pamphlets and newsletters, downloadable mobile applications for accessing, displaying, distributing, downloading, playing, receiving, streaming, and transmitting, plastic and cardboard cases for storing phonograph records and other physical media, plastic and cardboard phonograph record sleeves, hand grips, stands, mounts, and protective cases and covers adapted for handheld electronic devices, namely, cellphones, smartphones, tablet computers, cameras, and portable sound and video players in the fields of music, entertainment, art, culture, social justice and criminal justice
Advertising, promotion, and publicity services, and related consulting services
Computerized online ordering services in the fields of music, entertainment, art, culture, social justice and criminal justice
Computerized online retail store services in the fields of music, entertainment, art, culture, social justice and criminal justice
Computerized online gift ordering services which match the gift giver's requirements with the gift recipients wants and needs
Conducting an online tradeshow exhibition, in the fields of music, entertainment, art, culture, social justice and criminal justice
Online retail store services related to clothing, bracelets, wristbands, caps, hats, books, backpacks, posters, stickers, buttons, mugs, keychains, totebags, messenger bags, and downloadable and pre-recorded music, movies, and audio-visual content
Organization of promotions using audio-visual media
Preparing audio-visual displays for music advertising
Preparing audio-visual presentations for use in advertising
Arranging and conducting trade show exhibitions in the fields of music, entertainment, art, culture, social justice and criminal justice
Arranging and conducting fairs and exhibitions for business and advertising purposes
Promoting and conducting trade shows in the fields of music, entertainment, art, culture, social justice and criminal justice
Promoting the concerts of others
Promoting the goods and services of others by arranging for sponsors to affiliate their goods and services with concerts, musical events, artists and record labels, and social justice, non-profit, volunteer, community service, charitable, and philanthropic organizations and programs
Promoting the goods of others by preparing and placing advertisements in an electronic magazine accessed through a global computer network
Providing consumer product information about the goods and services of others via a global computer network
Retail store services available through computer communications and interactive television related to clothing, bracelets, wristbands, caps, hats, books, backpacks, posters, stickers, buttons, mugs, keychains, totebags, messenger bags, and downloadable and pre-recorded music, movies, and audio-visual content
Subscriptions to books, reviews, newspapers or comic books
Brand imagery consulting services
Business consulting and information services
Business management consulting with relation to strategy, marketing, production, personnel and retail sale matters
Business marketing consulting services
Consulting services in the field of commercial administration of the licensing of the goods and services of others
Design of advertising materials for others
Design of internet advertising
Business management and business consulting services in the fields of user experience marketing research, business strategy development, design of advertising materials, procuring of contracts for the purchase and sale of entertainment intellectual property content, alternative marketing and distribution of sales promotion materials, and marketing and promotion of business opportunities for others
Promotional advertising of products and services of third parties through sponsoring arrangements and license agreements relating to concerts, musical events, artists and record labels, and social justice, non-profit, volunteer, community service, charitable, and philanthropic organizations and programs
Marketing consulting
Tour management, namely, management of tours for performing artists
Merchandise consulting, namely, providing information about products via telecommunication networks for advertising and sales purposes
Merchandise management, namely, inventory control
Publishing administration and publishing management, namely, business management of intellectual property rights through performance rights organizations
Music business services, namely, business consulting, business management and providing information in the music business field
Providing advertising, marketing and promotional services, namely, development of advertising campaigns for television, film, print, radio, outdoor billboards, mobile telephone advertising and online advertising
Providing business management information in connection with consulting and advisory services in the field of strategic planning
Providing consulting services in the field of facilitating the planning, buying, and selling of media
Providing organizational development consulting services
Social media strategy and marketing consulting focusing on helping clients create and extend their product and brand strategies by building engaging marketing solutions
Providing a website and information in connection with all of the foregoing.
The mark was filed in class 38 with following description of goods:
Transmitting streamed sound and audio-visual recordings via the Internet
Streaming of audio and video material on the Internet
Internet radio broadcasting services
Online streaming of music
Digital and electronic transmission of voice, data, sound, images, audio and video content, and messages
Video-on-demand transmission services
Audio-on-demand transmission services
Providing online chat rooms and forums and electronic bulletin boards for transmission of messages among users concerning music and entertainment
Providing wireless electronic transmission of uploadable and downloadable ring tones, voice, music, MP3 files, graphics, games, images, videos, information and news via a global computer network to wireless mobile communication devices
Sending and receiving voice and text messages between wireless communication devices
Providing wireless communication services, namely, transmission of ringtones to mobile telephones and mobile devices
Providing wireless communication services, namely, transmission of ringtones to mobile telephones and mobile devices, and transmission of ringtones to mobile telephones via subscription services, whereby users can select from a variety of call notification sounds and music
Providing multiple-user access to a global computer information network
Broadcast of cable television programs
Broadcasting programs via a global computer network
Cable radio broadcasting and transmission
Cable, network and satellite television broadcasting and transmissiodistrn services
Information, advisory and consultancy services relating to the aforesaid.
The mark was filed in class 41 with following description of goods:
Entertainment and record label services in the nature of recording, production, and post-production services in the field of music
Recording studio services
Record production
Record mastering
Sound mixing
Music publishing services
Production of sound and image recordings on sound and image carriers
Editing and recording of sounds and images
Ticket agency services for concerts, festivals, and other entertainment, sporting, cultural, educational, artistic, live, and special events
Entertainment services, namely, organizing and conducting concerts, festivals, and other entertainment, sporting, cultural, educational, artistic, live, and special events
Production of television and radio programs
Distribution of television and radio programs for others
Providing online entertainment, namely, providing non-downloadable sound and video recordings in the fields of music and entertainment
Entertainment services, namely, providing online non-downloadable prerecorded musical sound and video recordings via a global computer network
Fan clubs
Development and dissemination of educational materials of others in the fields of music and entertainment
Radio entertainment production and distribution
Film and video production
Production of motion picture films
Distribution of motion picture films
Television program syndication
Entertainment in the nature of ongoing television programs in the fields of music and entertainment
Entertainment, namely, a continuing music and entertainment show distributed over television, satellite, audio, and video media
Publication of books and magazines
Entertainment in the nature of ongoing radio programs in the field of music and entertainment
Entertainment in the nature of live concerts and performances by artists, celebrities, and other influencers and tastemakers
Entertainment services, namely, personal appearances by artists, celebrities, and other influencers and tastemakers
Entertainment services in the nature of live performances rendered by artists, celebrities, and other influencers and tastemakers through the medium of television, radio, and audio and video recordings
Entertainment services, namely, performances by artists, celebrities, and other influencers and tastemakers rendered live and recorded for future distribution
Educational and entertainment services, namely, production and presentation of television shows, sports events, fashion shows, game shows, music shows, award shows and comedy shows before live audiences which are all broadcast live or taped for later broadcast
Entertainment services, namely, providing a website featuring non-downloadable musical and entertainment performances, videos, related film clips, photographs, and other multimedia materials featuring music and entertainment
Entertainment services, namely, providing online reviews of music and entertainment
Entertainment services, namely, providing prerecorded non-downloadable music and entertainment, information in the field of music and entertainment, and commentary and articles about music and entertainment, all online via a global computer network
Entertainment services, namely, live, televised and movie appearances by artists, celebrities, and other influencers and tastemakers
Entertainment services, namely, organizing and conducting exhibitions in the field of music and entertainment
Organizing exhibitions for entertainment purposes featuring music and entertainment