The trademark was filed by Red Falcon Tech Limited, a corporation established under the laws of the Republic of Malta (the "Applicant"). The application was published for oppositions on February 13, 2023, and received one opposition filed on May 14, 2023 by smart Automobile Sales (Nanning) Co., Ltd. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by MILOJEVIC, SEKULIC & ASSOCIATES, S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 14, 2023
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, multimedia and entertainment software
Communication, network and digital media hubs
Media streaming software
Computer software for use in the delivery, distribution and transmission of multimedia content
Computer software for enabling transmission, storage, sharing, collection, editing, organizing and modifying multimedia content
Computer programs for use in streaming or downloading music, film, audio books, books and games
Computer software for creating searchable databases of information
Downloadable multimedia files.
The mark was filed in class 35 with following description of goods:
Advertising and marketing services
Providing an online video business directory
Online retail store services featuring downloadable electronic books, games, pre-recorded music and video
Subscription to an information media package
Information, consultancy and advisory services relating to the aforesaid.
The mark was filed in class 38 with following description of goods:
Data streaming services
Streaming of audiovisual and multimedia content via the internet
Transmission and delivery of audiovisual and multimedia content via the internet
Video-on-demand transmission services
Electronic transmission and streaming of multimedia content via electronic communication networks
Streaming of multimedia content to users online via a communication network
Internet broadcasting services
Streaming of audio, visual and audiovisual material via a global computer network
Information, consultancy and advisory services relating to the aforesaid
Providing access to multimedia content online.
The mark was filed in class 41 with following description of goods:
Entertainment
Provision of entertainment information relating to multimedia content
Entertainment services, namely, providing downloadable and non-downloadable movies, music, books, games and television shows via a video-on-demand service as well as information, reviews and recommendations regarding movies and television shows
Entertainment services, namely, providing downloadable and non-downloadable playback of multimedia content, via the internet and other communications networks, curating multimedia content, a multimedia program series distributed via the internet and other communications networks, providing streamed or non-downloadable music, film, audio books, books and games to users online via a communication network
Multimedia library services
Information, consultancy and advisory services relating to the aforesaid.