The trademark moyn was filed by Malte Björn Mondry, a national of the Federal Republic of Germany (the "Applicant") and York Altendorf, a national of the Federal Republic of Germany (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on December 3, 2020, and received one opposition filed on March 1, 2021 by FUNKE Digital GmbH on Likelihood of confusion. the opponent was represented by NESSELHAUF RECHTSANWÄLTE and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 1, 2021
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003141871 was refused according to Article 8(1)(b) EUTMR with decision issued on March 12, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 35 with following description of goods:
Advertising, marketing and promotional services
Advertising, marketing and promotional consultancy, advisory and assistance services
Marketing advice
Press advertising consultancy
Advisory services relating to corporate identity
Consultancy regarding advertising communication strategies
Consultancy relating to advertising and promotion services
Consultancy relating to advertising
Consultancy relating to search engine optimisation
Advisory services relating to promotional activities
Consulting services in the field of Internet marketing
Professional consultancy relating to marketing
Marketing assistance
Providing assistance in the field of business promotion
Provision of marketing advisory services for manufacturers
Advice relating to marketing management
Consultations relating to business advertising
Business advice relating to marketing
Organisation of promotions using audiovisual media
Advertising and marketing consultancy
Preparation and presentation of audio visual displays for advertising purposes
Organisation and conducting of product presentations
Sales demonstration [for others]
Public relations services
Public relations consultancy
Media relations services
Assistance to management in commercial enterprises in respect of public relations
Updating of advertising material
Analysis of advertising response
Preparing audio-visual presentations for use in advertising
Business promotion services provided by audio/visual means
Banner advertising
Corporate identity services
Marketing agency services
Advertising agency services
Publicity services
Brand strategy services
Digital advertising services
Digital marketing
Development of promotional campaigns
Design of advertising materials
Television advertising
Radio and television advertising
Advertising services provided via the internet
Advertising of cinemas
Layout services for advertising purposes
Marketing
Marketing in the framework of software publishing
Internet marketing
Merchandising
Publication of publicity materials on-line
On-line advertising and marketing services
Online advertisements
On-line promotion of computer networks and websites
Planning of marketing strategies
Planning services for advertising
Production of infomercials
Production of cinema commercials
Production of radio advertisements
Producing promotional videotapes, video discs, and audio visual recordings
Production of visual advertising matter
Presentation of companies on the Internet and other media
Presentation of companies and their goods and services on the Internet
Production of advertising matter and commercials
Product marketing
Services with regard to product presentation to the public
Advertising and marketing services provided by means of blogging
Advertising and marketing services provided via communications channels
Marketing services provided by means of digital networks
Advertising and marketing services provided by means of social media
Arranging of presentations for advertising purposes
Scriptwriting for advertising purposes
Writing of publicity texts
Negotiation of advertising contracts
Promotional marketing
Promoting the music of others by means of providing online portfolios via a website
Promoting the goods and services of others via computer and communication networks
Trade promotional services
Publicity and sales promotion services
Production of video recordings for advertising purposes
Preparation and realization of media and advertising plans and concepts
Preparation of advertising campaigns
Promoting the goods and services of others over the Internet
Advertising
Compilation, production and dissemination of advertising matter
Compilation of advertisements for use as web pages on the Internet
Targeted marketing
Consulting in sales techniques and sales programmes.
The mark was filed in class 38 with following description of goods:
Telecommunication services
Broadcasting services
Audiovisual transmission services
Broadcasting of programmes via the internet
Podcasting
Videocasting
Video broadcasting
Broadcasting of video and audio programming over the Internet
Transmission of webcasts.
The mark was filed in class 41 with following description of goods:
Editing of video recordings
Film editing
Photography
Film directing, other than advertising films
Portrait photography
Audio, video and multimedia production, and photography
Audio and video editing services
Audio and video production, and photography
Videotaping
Production of training videos
Consultancy on film and music production
Operation of video and audio equipment for the production of radio and television programs
Providing multi-media entertainment via a website
Production of audio-visual recordings
Presentation of television programmes
Providing audio or video studios
Services in the production of animated motion pictures and television features