The trademark START was filed by Xanadu Designs Limited, a corporation established under the laws of the United Kingdom of Great Britain and Northern Ireland (the "Applicant"). The application was published for oppositions on April 18, 2023, and received one opposition filed on July 18, 2023 by DIGITAL MEDIA HOLDING LLC on Likelihood of confusion. the opponent was represented by FELTRINELLI & BROGI and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 18, 2023
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Change of name and professional address of the trademark registration was recorded on December 19, 2022.
The Refusal with reference B 018569072 was partially rejected according to Article 7(1)(b) EUTMR with decision issued on December 13, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 38 with following description of goods:
Streaming of audio and video on the internet
Streaming of video games via a global computer network
Electronic on-line services providing a communications link to global interactive networks for the transfer and transmission of images, music, games
Providing access to web sites of others by means of a global communication network
Providing access to computer databases, advertisements and web sites of others in various fields by means of a global communications network
Telecommunication services, namely, electronic transmission of data, documents, messages and images via computer terminals
Telecommunications services, namely, transmission and retrieval of data, images, and digital files through computer networks, wireless networks, and the internet
Telecommunication services, namely, transmission of advertisements and media advertising communications via computer and communication networks
Communication services in the nature of voice, video, email, and data transmission in an online virtual environment
Electronic mail services
Providing multiple-user access to a global computer information network
Instant messaging services offered over computer networks and global communication networks
Providing on-line chat rooms for transmission of messages among computer users
Computer communication services, namely, providing on-line facilities for real-time interaction with others concerning topics of general interest
News agency services, namely, gathering and dissemination of news via local computer networks and global communication networks
All of the above services not in relation to providing sports broadcastings, cartoons, films and television programs, not downloadable via video-on-demand services
All of the above services not in relation to sports broadcastings, cartoons, television broadcasting, video-on-demand transmission, transmission of podcasts and radio broadcasting.
The mark was filed in class 42 with following description of goods:
Providing a website in relation to a media aggregator and search engine for internet content
Computer services, namely, creating indexes of information, sites and other resources available on computer networks for others
Providing temporary use of non-downloadable software for providing access to a search engine
Computer services, namely, providing search engines and online web links to other web sites for obtaining data on a variety of subjects in the fields of news, commentary, politics, current events, government, public affairs, crime, entertainment, arts, music, videos, weather, traffic, business, finance, investments, law, history, automobiles, fitness, health, lifestyle, wellness, food, real estate, shopping, promotions, fashion, travel, culture, sports, e-sports, computers, software, video games, technology, science, medicine, parenting, children, families, education, and general reference information
Weather reporting via local computer networks and global communication networks
Searching and retrieving information, sites, and other resources available on computer networks for others
Computer services, namely, providing an interactive web site in relation to technology that allows users to consolidate and manage social networks, accounts, and connections to existing and emerging application programming interfaces (APIs)
Providing online non-downloadable computer software for accessing the internet, computer networks, and global communication networks
Providing online non-downloadable computer software for accessing a search engine and web browsing
Providing online non-downloadable computer software for accessing and managing computer software applications
Providing online non-downloadable computer software for wireless content delivery used to provide customized recommendations and create customized newsfeeds
Providing online non-downloadable computer software for providing a graphical user interface to wireless communications devices
Providing online non-downloadable computer software for use in transmitting, streaming, playing, downloading, viewing, and interacting with audio, video, text, data, images, graphics, and multimedia content on digital electronic devices
Providing online non-downloadable computer software for use in browsing, searching, accessing, downloading, displaying, reviewing, purchasing, streaming, listening, recommending, sharing, posting in social media, subscribing, commenting, organizing, annotating, storing, and archiving information and content in a wide variety of fields including news, commentary, politics, current events, government, public affairs, crime, entertainment, arts, music, videos, weather, traffic, business, finance, investments, law, history, automobiles, fitness, health, lifestyle, wellness, food, real estate, shopping, promotions, fashion, travel, culture, sports, e-sports, computers, software, video games, technology, science, medicine, parenting, children, families, education, and general reference information
Providing online non-downloadable computer software for enabling content, text, visual works, audio works, audiovisual works, literary works, data, files, documents and electronic works to be downloaded to and accessed on a computer, mobile phone, tablet or other portable electronic devices
Providing online non-downloadable computer software for accessing online video and computer games and online shopping services
Providing online non-downloadable computer software for accessing, transmitting and receiving electronic mail, text, graphics, images, audio, video and data from a remote computer network and for accessing global communications networks
Providing online non-downloadable computer software for providing access to, searching, displaying and sharing interactive and non-interactive geographic information, travel information, geographic maps and images of maps and mapped locations
Providing online non-downloadable computer software for creating, and editing collections and watchlists
Providing online non-downloadable computer software for providing financial data on companies and up to date market data and for stock exchanges throughout the world, for screening stocks, for providing fair value estimates of stocks, for charting financial data, and for creating watchlists allowing users to track companies and stock
Providing online non-downloadable game software
All of the above services not in relation to providing sports broadcastings, cartoons, films and television programs, not downloadable, via video-on-demand services
All of the above services not in relation to sports broadcastings, cartoons, television broadcasting, video-on-demand transmission, transmission of podcasts and radio broadcasting.