The trademark PHONIX was filed by Yummi Media Group 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 July 26, 2015, and received one opposition filed on October 26, 2015 by Phoenix Contact GmbH & Co. KG on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 26, 2015
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
The renewal of the trademark was recorded by the office on September 22, 2024.
Change of name and professional address of the trademark registration was recorded on April 29, 2015. Change of name and address of the trademark registration was recorded on July 5, 2015. Deletion of the representative of the trademark registration was recorded on January 6, 2021. Appointment and Replacement of representative of the trademark registration was recorded on September 20, 2021. Change of name and professional address of the trademark registration was recorded on May 19, 2024.
The Opposition with reference B 002599390 was partially refused EUTMA/IR according to Article 8(1)(a) CTMR with decision issued on August 24, 2017 by the EUIPO.
Goods And Services
The mark was filed in class 35 with following description of goods:
Retail services connected with the sale of downloadable live action motion pictures, television series, comedies, dramas, animated motion pictures, downloadable sound, music, image, video and game tiles, downloadable animated motion pictures, television series, comedies, and dramas, downloadable sound, music, image, video and game files
Retail services connected with downloadable live action motion pictures, television series, comedies, dramas, animated motion pictures, downloadable sound, music, image, video and game files provided via the internet and other computer and electronic communication networks
Retail services connected with digital media, namely, pre-recorded digital sound, video and data recordings featuring music, text, video, games, comedy, drama, action, adventure or animation, pre-recorded discs, tapes and cassettes, DVDs, CDs, CD-ROMs
Marketing, advertising and promotion services
Market research and consumer market information services
Advertising services, namely, promoting the goods and services of others via computer and communication networks
Providing online marketplaces for sellers of goods and/or services
Promoting the goods and services of others over the internet
Online advertising and marketing services
Providing and rental of advertising space on the internet
Providing online auction services
Comparison shopping services, namely providing commercial information and advice for consumers and providing price comparison services.
The mark was filed in class 41 with following description of goods:
Entertainment services, namely, providing information regarding movies, movie show times, movie trailers, movie ratings and reviews, movie roles, movie plots, actors, producers, directors, and movie industry news and information regarding celebrities, events, projects, and planned or potential events and projects via a website on the internet and via mobile telephones, smartphones and other mobile communications devices
Interactive entertainment services, namely, providing information regarding movies, movie show times, movie trailers, movie ratings and reviews, movie roles, movie plots, actors, producers, directors, and movie industry news and information regarding celebrities, events, projects, and planned or potential events and projects via a website on the internet and via mobile telephones, smartphones and other mobile communications devices
Providing information relating to entertainment, provided online from a computer database or the internet, and via mobile telephones, smartphones and other mobile communications devices
Production and distribution of television shows and movies
Providing facilities for movies, shows, plays, music of educational training