The trademark MIRACLE TONES was filed by Sony Music Entertainment Sweden AB, a corporation established under the laws of the Kingdom of Sweden (the "Applicant"). The application was published for oppositions on February 15, 2022, and received one opposition filed on March 20, 2022 by A&H Sportswear Co., Inc. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Potter Clarkson A/S and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 20, 2022
It was designated 'Basic Application' for International Application null at the World Intellectual Property Organization (WIPO).
The application was filed in Swedish, and Swedish was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 3 with following description of goods:
Toiletries
Make-up
Preparations for skin care, eye care and nail care
Perfumery and fragrances
Nail artstickers
False nails
Household fragrances
Essential oils and aromatic extracts
Preparations and treatments for the hair.
The mark was filed in class 6 with following description of goods:
Figurines of common metal
Artistic castings of common metal
Statues and works of art of common metals.
The mark was filed in class 9 with following description of goods:
Computer software
Computer programs, recorded
Games software
Downloadable music files
Downloadable image files
Sound and audiovisual recordings featuring entertainment andmusic
Audio recordings and Audio visual recordings, in relation to the following fields: Film, Television programmes, TV specials, Music videos, Documentaries and Animations
Video recordings
Sunglasses
Cases for sunglasses
Decorative magnets
Mobile telephone fascias and covers
Electric signs
Mouse pads
Sleeves for laptops
CD and DVD cases
DVDs
Data discs
Audio-video cassettes
Phonograph records
Apparatus for recording, transmitting and reproducing of sound and images
Headphones
Sound equipment
Tape players
Sound recording strips
Portable media players
Loudspeakers
Sound recording apparatus
Sound recording carriers.
The mark was filed in class 14 with following description of goods:
Jewelry
Necklaces [jewellery]
Bracelets
Key rings and Key chains And accessories therefor
Pins [jewellery]
Tie clips
Ornamental pins
Jewellery pins
Trays of precious metal
Jewellery boxes.
The mark was filed in class 16 with following description of goods:
Printed matter
Photographs [printed]
Posters
Stickers [stationery]
Calendars
Transfers [decalcomanias]
Artists' materials
Graphic prints
Graphic representation
Paper and cardboard
Figurines (statuettes) of papier mâché
Printed packaging materials of paper
Cardboard containers
Decorative wrapping paper
Paper gift cards
Gift bags
Books
Novels
Fiction books
Comics
Comic books
Note books
Pens
Erasing products
Bookmarkers
Pen and pencil holders
Tattoo stickers
Collectable cards
Trading cards
Sticker books
Money holders
Tissues of paper for removing make-up
Table napkins of paper
Coasters of cardboard
Coasters of paper
Handkerchiefs of paper
Table napkins of paper.
The mark was filed in class 18 with following description of goods:
Bags
Shopping bags
Cosmetic purses
Overnight bags
Gym bags
Sports packs
Rucksacks
Suitcases
Wallets
Pocket wallets
Bags for wear
Handbags
Leather cord
Umbrellas and parasols
School book bags.
The mark was filed in class 20 with Statues, Figurines, objects d'art, Ornamental objects and Decorations, Made from materials such as wood, wax, plaster or plastic, Included in this class.
The mark was filed in class 21 with following description of goods:
Mugs
Drinking glasses
Coasters (tableware)
Table plates
Trays for household purposes
Porcelain, Kitchen utensils and containers
Articles for the care of clothing and footwear
Cosmetic and toiletutensils
Statues, figurines, plaques and works of art, made of materials such as porcelain, terra-cotta or glass, included in the class
Coin banks (Piggy banks)
Containers for household or kitchen use
Household or kitchen utensils
Combs
Sponges
Brushes
Insulating flasks
Table napkin holders
Napkin rings
Lunch boxes
Drinking bottles
Beverage coolers [containers]
Straws for drinking
Bottle openers, electric and non-electric.
The mark was filed in class 24 with following description of goods:
Bath sheets
Bath towels
Hand towels
Tea towels
Cloth, Not of paper.
The mark was filed in class 25 with following description of goods:
Clothing
Footwear
Headgear.
The mark was filed in class 28 with following description of goods:
Toys
Games
Dolls
Toy figures
Games
Musical games
Electronic games
Board games
Kaleidoscopes.
The mark was filed in class 38 with following description of goods:
Broadcasting of music, sound, images, films, performances and other entertainment via the internet and telecommunications systems
Providing access to chatrooms and discussion forums on the internet and telecommunications systems
Providing access to music database, to MP3 websites, to video clips
Providing access to websites for downloading information, in particular information about events, artists, music, event locations and sports.
The mark was filed in class 41 with following description of goods:
Entertainment services
Television entertainment
Provision of on-line entertainment
On-line gaming services
Music performances
Cultural activities
Entertainment services, namely musical and vocal live performances of a DJ, artist or music group
Providing of a website featuring pre-recorded musical audio and audiovisual clips, photographs, news, magazines and other multimedia articles in connection with a DJ, solo recording artist or music group
Fan club services
Providing online magazines relating to the field of music and entertainment
Entertainment in the nature of on-going television programs in the field of music
Production of music and production of musical texts
Arranging and conducting of concerts
Entertainer services
Disc jockey services
Presentation of live performances
Presentation of musical performances
Entertainment information
Providing of non-downloadable music and films online
Organization of exhibitions for cultural or educational purposes.