The trademark MIRROR SOCIETY was filed by Black Mirror Society B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on April 10, 2023, and received one opposition filed on July 9, 2023 by Endemol Shine UK Limited on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by WIGGIN LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 9, 2023
The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Downloadable audio, visual and audiovisual recorded media
Sound and image recordings featuring music and musical performances
Downloadable music files authenticated by nonfungible tokens [NFTs]
Apparatus for the recording of sound and/or images, apparatus for transferring sound and/or images, Apparatus for processing sound and images and Apparatus for the reproduction of sound and/or images
Magnetic data media
Phonograph records
Sound and image recording discs
LP records
Blank optical discs
Tape cassettes
DVDs
Compact discs [read-only memory]
Videotapes
Pre-recorded electronic media carrying sound, music, video or visual content relating to music
Digital image and audio files, downloadable from a computer database or the internet
Electronic and digital publications, downloadable or on data carriers
Computer hardware and computer software
Podcasts
Multimedia files authenticated by non-fungible tokens [NFTs]
Music files authenticated by non-fungible tokens [NFTs]
Audio files authenticated by non-fungible tokens [NFTs]
Image files authenticated by non-fungible tokens [NFTs]
Video files authenticated by non-fungible tokens [NFTs]
Text files authenticated by non-fungible tokens [NFTs]
Downloadable ring tones for mobile phones
Spectacles and sunglassses, accessories for spectacles and sunglasses
Cases, Sleeves and carrying bags for use in relation to the following goods: Mobile telephones, Computer apparatus and computer hardware accessories
Computer software applications for mobile telephones, smartphones, notebook computers, computers and media players
Mouse pads
Headsets
All of the aformementioned only in relation with a records and music productions label.
The mark was filed in class 25 with following description of goods:
Clothing
Footwear
Hats
Underwear and lingerie
Sportswear
Belts [clothing]
All the aformementioned for use in relation with a records and music productions label.
The mark was filed in class 41 with following description of goods:
Record company services, included in this class
Publication of music recordings
Developing, producing, arranging and conducting of music and dance events
Performing arts, including providing musical and dance performances
Compilation, production, direction, presentation, performance and/or screening of radio, music and theatre programmes
Rental, publication and lending of sound and/or image recordings containing radio, music and theatre programmes
Arranging, production, offering and conducting of music events, dance events, concerts, festivals and parties
Services provided by musicians, DJs and other performing artists
Performing and composing of music
Publication and distribution of sound recordings
Recording, production and post-production of musical works and image and/or sound recordings
Publishing, lending and/or rental of musical works, and image and/or sound recordings
Music recording studio services
Publication, lending, dissemination and providing of books, newspapers, magazines (periodicals), guides, programme guides and other publications
Publishing, Issuing and Ordering In connection with the following goods: Illustrations, namely photographic images, Photographic prints and Posters
Publishing services
Theatrical booking agencies
Organisation of cultural and/or educational events
Information and consultancy relating to all the aforesaid services
Including the aforesaid services being provided online and/or All the aforesaid services being able to be provided online
All of the aformementioned only in relation with a records and music productions label.