The trademark EINSTEIN TV was filed by European Science Channel 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 May 27, 2001, and received one opposition filed on August 22, 2001 by The Hebrew University of Jerusalem (Not-for-profit corporation) on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by LADAS & PARRY LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 22, 2001
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Deletion of the representative of the trademark registration was recorded on March 10, 2004.
The Opposition with reference B 000427916 was refused according to Article 8(1)(a) CTMR with decision issued on January 26, 2005 by the EUIPO.
Goods And Services
The mark was filed in class 38 with following description of goods:
Television and radio broadcasting
Satellite and cable broadcasting
Television and radio broadcasting via analogue or digital networks including the Internet and interactive services relating thereto
Telecommunications services
Electronic transmission of data, sound and images
Transmission of television programmes, video films and shows
Communication services
Teletext
Information, advisory and consultancy services relating to all the aforesaid services.
The mark was filed in class 41 with following description of goods:
Entertainment services
Production, distribution and presentation of radio or television programmes
Entertainment, instruction or education by or relating to television and radio
Organisation, presentation and production of events for entertainment, instructional or educational purposes
Publishing services
Provision of entertainment or education for accessing via computers or other communication media
Presentation, organisation, staging, production and management of live shows, quizzes, open air events, theatrical adaptations, radio or television programmes, road shows, concerts, games, audience participation events, sporting events, science based functions, competitions
Rental of television or radio programmes
Rental of films or sound or video recording by whatever electronic media
Rental of educational or instructional materials
Production of educational and instructional materials
Provision of information relating to all the aforesaid services
Advisory and consultancy services relating to all the aforesaid services.