The trademark WAVECAST was filed by Bauer Radio 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 March 13, 2023, and received one opposition filed on May 25, 2023 by spaceopal GmbH on Likelihood of confusion. the opponent was represented by MÜLLER SCHUPFNER & PARTNER PATENT- UND RECHTSANWALTSPARTNERSCHAFT MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 25, 2023
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Data recorded in electronic, optical or magnetic form
Data carriers
Audio and visual recordings
Music recordings
Music software
Pre-recorded videos
CDs
CDI's, CD-ROMs
Discs, cassettes and other data carriers
Pre-recorded video tapes and cassettes
Digital music (downloadable) provided from the internet
Digital music [downloadable] provided from mp3 web sites on the internet
Digital music players
Downloadable digital music
Application software for smart TV
Application software for smart phones
Application software for social networking services via internet
Application software
Application software for mobile phones and other hand held devices
Downloadable application software
Downloadable mobile application software for mobile devices
Downloadable mobile application software for phones and tablets
Application software for smart TVs
Computer software for use as an application programming interface (API)
Downloadable mobile application software phones and tablets
Video content and audio content, images, graphics and music via the Internet, wired and wireless networks for use in downloading to wireless and hand held devices and telephones
Publications in electronic form supplied on-line from databases or from facilities provided on the Internet (including web sites)
Electronic publications
Electronic magazines
Podcasts
Downloadable podcasts
Downloadable software in the nature of a mobile application for playing games
Video games
Downloadable mobile application software for competitions
Downloadable mobile application software for the provision of media
Multimedia recordings and publications
Media streaming software
Audio streaming software
Radio and television broadcasting apparatus and instruments
Software for embedding online advertising on websites
Downloadable software and downloadable software applications for searching, listening to, streaming, broadcasting, downloading, transmitting and reproducing audio
Radio aggregator software
Downloadable mobile application software in the form of a radio aggregator
Parts and fittings for the aforesaid.
The mark was filed in class 35 with following description of goods:
Advertising, marketing and promotion services
Provision of advertising, marketing and promotional services provided by means of radio and television broadcasting including internet radio broadcasting
Dissemination of advertising material
Sales promotion
Provision of advertising, marketing and promotional services on-line from computer databases or the Internet (including web sites)
Provision of advertising for accessing via communication and computer networks, including the Internet and web sites
Compilation of advertisements, compilation of advertisements for use as web pages on the Internet
Arranging, conducting and production of business exhibitions, shows and events
The provision of information and advice in relation to retail services
Advertising of the goods or services of other vendors, enabling customers to conveniently view and compare the goods or services of those vendors
The bringing together, for the benefit of others, of a variety of clothing, footwear, cosmetics, toiletries, luggage, bags and purses enabling customers to conveniently view and purchase these from a general merchandise Internet website
The bringing together, for the benefit of others, of a variety of clothing, footwear, cosmetics, toiletries, luggage, bags and purses through a television shopping channel, enabling customers to conveniently view and purchase these by means of telecommunications or any form of digital media
The bringing together, for the benefit of others, of a variety of clothing, footwear, cosmetics, toiletries, luggage, bags and purses enabling customers to conveniently view and purchase these from a general merchandise catalogue by mail order, Internet and mail order advertising
Advertising services, promoting the sale or distribution of the goods and services of others
Processing of sound, data or images by computer, cable, electronic mail, television or satellite means
Information, advice and consultancy in relation to the foregoing.
The mark was filed in class 38 with following description of goods:
Telecommunication services
Communication services
Broadcasting services
Radio broadcasting
Television broadcasting
Broadcasting over the internet
Wireless transmission and broadcasting of television programmes
Broadcasting of cable television programmes
Broadcasting of cable television
Video subscription television and radio broadcasting and transmission
Computer network communications
Transmission and reception of data and information, namely SMS messaging services namely sending, receiving and forwarding messages in the form of text, audio, graphic images or video or a combination of these formats
Message collection and transmission services
SMS messaging services for competitions
Transmission, broadcasts and reception of sound, data or images by computer, cable, electronic mail, television or satellite means
Receiving and exchanging information, messages, text, sound, images and data
Electronic mail services
Satellite transmission
Broadcast of information by means of television
Communication of information by television
Provision of access to an electronic online network for information retrieval
Pay per view television transmission services
Video on demand transmissions
Rental, leasing or hire of apparatus, installations or components for use in relation to the provision of telecommunication and broadcasting services
Advisory and consultancy services relating to the aforementioned services
Podcasting
Provision of access to digital downloads
Webcasting
Transmission of podcasts
Music on-demand transmissions
Video-on-demand and near on demand telecommunications
Streaming delivery of video on demand streams to viewers
Personalised and interactive telecommunications, broadcasting and transmission services
Provision of radio broadcasts for accessing by means of software applications
Streaming of audio and video content over the internet
Broadcasting services via the uploading, downloading, capturing, posting, showing, editing, playing, streaming, viewing, previewing, displaying, tagging, blogging, sharing, manipulating, distributing, publishing, reproducing, of electronic media, multimedia content, videos, movies, pictures, images, text, photos, games, user-generated content, audio content, and information via the Internet or other computer and communications networks
Information, advice and consultancy in relation to the foregoing.
The mark was filed in class 41 with following description of goods:
Entertainment
Entertainment services provided via a website
Organisation of competitions and awards
Arranging and conducting competitions
Arranging and conducting award ceremonies
Presentation of awards for achievement
Education and training services
Arranging and conducting courses, conferences, exhibitions, events and seminars
Organising, conducting, production of shows, events, displays, and parties
Organisation and production of music events
Organisation and production of live music concerts
Organisation of events for cultural, entertainment and sporting purposes
Sporting activities
Sporting events organisation of sporting events
Sports tuition
Organisation of sporting tournaments
Organisation of sporting competitions and sports events
Ticket and event booking services
Concert ticket reservation services
Television entertainment services
Production and distribution of television programmes
Radio entertainment services
Production and distribution of radio programmes and radio programming
Interactive information relating to education, entertainment, sporting and cultural activities provided on-line from computer databases or the Internet
Provision of information relating to education, entertainment, sporting and cultural activities for accessing via communication and computer networks production services
Publishing services
Publication of printed matter, periodical publications, printed publications, books and magazines
Publication of printed matter
Publication of material which can be accessed from databases or from the Internet
Radio entertainment services provided via a website
Provision of information relating to entertainment, sporting and cultural activities for accessing by means of software applications
Provision of music entertainment
Provision of music and music entertainment for accessing by means of software applications
Provision of radio entertainment services for accessing by means of software applications
Provision of competitions for accessing by means of software applications