The trademark mmp productions was filed by SCHWERLUSTIG TV GmbH & Co. KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on December 17, 2006, and received one opposition filed on March 15, 2007 by Mayr-Melnhof Karton Aktiengesellschaft on Likelihood of confusion. the opponent was represented by HOFSTETTER, SCHURACK & PARTNER PATENT- UND RECHTSANWALTKANZLEI, PARTG MBB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 15, 2007
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on February 22, 2006. Change of name and address of the trademark registration was recorded on March 2, 2006.
Goods And Services
The mark was filed in class 9 with following description of goods:
Magnetic data carriers
Recording discs, analog and digital sound, image/sound and data carriers, including for interactive applications
Music and audio cassettes (MCs), mini discs and compact discs (CDs), namely audio CDs, CD-ROMs, recordable CDs, MO-CDs, CD-Es, CD-SDs, CD-Is (interactive compact discs), video CDs, DVDs (digital versatile discs), DVD-ROMs, DVD plus, video cassettes, video tapes, video discs, laser discs, magnetic data carriers, namely magnetic cards, memory cards, microchip cards
Film rolls, exposed films, and other mechanical, magnetic, magneto-optical, optical and electronic carriers for sound and/or images and data
Stationery, in particular writing books and writing pads
Typewriters and office machines (except furniture)
Instructional and teaching material (except apparatus).
The mark was filed in class 25 with clothing, in particular T-shirts, sweatshirts, scarves, jackets, raincoats and trousers, footwear, headgear, in particular sun hats and baseball caps, caps, berets, swimwear caps, cap peaks, cycling clothing, headbands, beachwear, beach shoes, clothing for gymnastics, belts, garters, knitwear.
The mark was filed in class 28 with following description of goods:
Games, including electronic games, namely computer games, video games (except being apparatus adapted for use with television receivers only), parlour games, playing cards
Toys
Confetti
Gymnastic and sporting articles, included in class 28.
The mark was filed in class 35 with following description of goods:
Advertising, marketing and sales promotion, in particular creating and distributing of advertising material (leaflets, prospectuses, printed matter) and distribution of advertisements
Development of advertising and marketing concepts, advertising and marketing for real estate (facility management)
Advertising (radio and television advertising), publication of publicity texts, including publication of publicity texts on the Internet
Online advertising on computer networks
Public relations
Merchandising
Sponsoring in the form of advertising
Arranging of advertising and promotion contracts for third parties
Arranging and organising of advertising events, in particular conducting exhibitions for advertising purposes
Outdoor advertising
Conducting casting for advertising and promotional purposes
Planning and design of advertising activities
Providing webpages with advertising content on the Internet and other data networks
Advertising agency services
Business management, business administration
Office functions.
The mark was filed in class 38 with following description of goods:
Telecommunications, in particular broadcasting of film, television, radio and teletext programmes and commercials
Technical terrestrial and cable television and radio broacasting, satellite transmission
Transmission of whole programmes and special interest programmes and other types of programme via television broadcasting and/or via other transmission routes, including the Internet (web-casting), radio and television programme broadcasting via the Internet, including video-on-demand broadcasting
Online provider services, namely the gathering and supplying of news and messages (including by e-mail) in the form of texts, drawings, images and films
Transmission of texts, drawings, images, films by computer, for access by others
Providing access to databases and transmission of data contained in databases
Providing forums on the Internet and other data networks
Arranging and leasing of access time to computer databases
SMS services via telephone or other means of electronic communication.
The mark was filed in class 41 with following description of goods:
Education
Providing of training
Entertainment
Cultural and sporting activities
Arranging of shows, quiz shows and musical events, multimedia presentations, including audio-visual and film shows, including with the aid of magnetic and magneto-optical recording carriers, and via data networks, including the Internet
Production of film and television programmes
Conducting prize games, publishing (except printing), including publication of books, periodicals and other printed matter (other than publicity texts)
Publication of printed matter, including in electronic format, including on the Internet and other data networks
Organising and conducting of cultural events
Presentation of live performances
Events (entertainment) (information)
Theatre productions and stage shows
Arranging and conducting of concerts
Musical performances
Recording musical and other artistic performances on sound, image and/or data carriers
Film production, including film production in studios
Synchronization (dubbing)
Recording studio services
Videotaping
Video-tape film production
Conducting events on the Internet for training, educational, entertainment and cultural purposes, including conducting casting
Photographic reporting
Digital picture service
Compilation and providing of radio and television programmes
Compilation and providing of film, video and television programmes on the Internet and other data networks
Rental of videos (tapes, cassettes, CD-ROMs, DVDs)
Film rental (rental of films of all kinds)
Rental of video and computer games on CD-ROM, CD-I, DVD and other data carriers
Seat reservation for entertainment events
Sale of tickets for events
Providing recreation facilities
Arranging and conducting of conferences, seminars, workshops, colloquiums and symposiums
Exhibitions for cultural activities and for training and educational purposes
Arranging and conducting of lectures and competitions for training, educational and cultural purposes.
The mark was filed in class 42 with following description of goods:
Planning, development, design, programming and creating of computer software, including homepages and webpages, and computer programs
Installing Web pages on the Internet
Development, design and production of television and radio programmes, and database software for provision on the Internet and on other audio-visual media
Updating of homepages and websites
Website design and maintenance for others
Computer animation
Providing platforms on the Internet and other data networks
Consultancy with regard to the design and use of homepages and websites
Editing of Internet sites and film productions
Implementation of computer programs on networks
Technical consultancy with regard to the development, design, production and broadcasting of television and radio programmes, and databases on the Internet and on other audio-visual media
Technical consultancy in the use of computer programs
Technical consultancy in connection with telecommunications, the Internet, extranets, intranets, hardware and software consultancy with regard to the planning, implementation and configuration of hardware, software and computer networks (services)