The trademark PANTA RAY was filed by Dunja & Maik Burghardt GbR, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on October 27, 2022, and received one opposition filed on January 24, 2023 by PAL Next AG on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Eversheds Sutherland (Germany) Rechtsanwälte Steuerberater Solicitors Partnerschaft mbB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 24, 2023
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 35 with following description of goods:
Advertising, marketing
Business management
Business administration
Radio, television and cinema advertising
Public relations services
Sales promotion
Advertising, In particular radio advertising, Film advertising, Video advertising services, Television advertising, Cinema advertising, Print advertising, Videotext advertising and Teletext advertising
Production of promotional films
Development of advertising concepts, in particular for marketing goods and services via worldwide electronic networks, in particular the Internet and other electronic communications media.
The mark was filed in class 38 with following description of goods:
Telecommunication services
Broadcasting and transmission of films, videos, documentation, data and data files on the internet and other audiovisual media, and for receiving on stationary or mobile terminals, on DVD, via video-on-demand, on interactive television or via pay-TV or video conference
Dissemination of information via wireless or cable networks
Operating communications networks with the aid of digital multimedia technology
Online provider services, namely providing access to, and transmission of, information, texts, drawings and images on electronic networks
Internet services, namely providing access to information and entertainment programs on the Internet
Operating an internet forum for information exchange and idea exchange relating to topics of all kinds
Providing Internet platforms
Providing access to information for retrieval from the Internet and other media
Production of web-TV programmes, interactive programmes and Internet TV programmes.
The mark was filed in class 41 with following description of goods:
Organisation and conducting of cultural, entertainment and sports events
Radio and television production and programming
Projecting, lending and rental in relation to the following goods: cinematographic films, Films on videotape, Motion pictures and Programmes
Production, in relation to the following goods: Motion pictures, videos, Other image and audio programs
Production of web-TV programmes, interactive programmes and Internet TV programmes
Provision of on-line entertainment
Recording studio services, cinema studios.
The mark was filed in class 42 with Providing e-commerce platforms on the Internet and other media.