The trademark nachtblau was filed by Milch und Honig Musikverlag e.K., a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on July 4, 2024, and received one opposition filed on September 5, 2024 by Telefónica Germany GmbH & Co. OHG on Likelihood of confusion. the opponent was represented by LORENZ SEIDLER GOSSEL RECHTSANWÄLTE PATENTANWÄLTE PARTNERSCHAFT MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 5, 2024
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 003223074 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on June 25, 2025 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Recorded electronic media featuring sound, music, video or visual content, all downloadable and all relating to music and entertainment, provided online via databases, telecommunications networks or the internet
Compact discs, DVDs, CD ROMs containing music and entertainment content
Downloadable digital music
Telephone ring tones
Computer software relating to music and entertainment
Machine readable media relating to music and entertainment
Downloadable digital audio, video, and data files relating to music and entertainment
Pre-recorded electronic media carrying sound, music, video or visual content relating to music and entertainment
Electronic publications (downloadable and/or on data carriers)
Games software
Sound recording carriers and sound and image carriers of all kinds, pre-recorded with music and/or film productions and interactive storage media of all kinds, in particular compact discs, long-playing records, minidiscs, CD-ROMs, CD-Is, DVDs, computer software, magnetic data carriers, in particular music cassettes, audio tapes, video tapes, digital audio tapes
Apparatus for recording, transmission or reproduction of sound or images.
The mark was filed in class 16 with following description of goods:
Publishing products and Printed matter
Books
Manuals [handbooks]
Albums
Pamphlets
Catalogues
Periodicals
Newspapers
Calendars
Photographs [printed]
Pictures
Photographs [printed]
Photographic publications
Photographic reproductions
Informational sheets
Posters
Greeting cards
Transfers [decalcomanias]
Vehicle bumper stickers
Stickers [stationery]
Stickers [stationery]
Office binders
Graphic prints
Prints.
The mark was filed in class 18 with following description of goods:
Bags
Rucksacks
Handbags
Bags for sports
Luggage
Pocket wallets.
The mark was filed in class 25 with following description of goods:
Clothing
Shirts
Tee-shirts
Sweaters
Jackets [clothing]
Sweat shirts
Trousers
Skirts
Dresses
Evening wear
Footwear
Slippers, Beach shoes
Sports shoes
Boots
Flip-flops
Dress slippers
Headgear
Caps [headwear]
Bandanas [neckerchiefs]
Caps being headwear
Headbands [clothing]
Sun-visors
Visor caps
Headgear with cap peaks
Clothing accessories
Waist belts
Scarves
Gloves [clothing]
Sneakers.
The mark was filed in class 30 with following description of goods:
Cereal based energy bars
Cereal bars and energy bars
Chewing gum
Coffee.
The mark was filed in class 32 with Non-alcoholic beverages.
The mark was filed in class 38 with Transmission of webcasts featuring music, musical entertainment and entertainment.
The mark was filed in class 41 with following description of goods:
Entertainment services, including the following services: Presentation of live performances
Website services, namely Game services provided on-line, including on-line computer games, Providing online games and gaming services, Providing on-line electronic publications, not downloadable
Providing media and entertainment via various platforms across multiple forms of transmission media
Production of motion pictures, Production of documentaries, Television show production
Providing a website featuring musical performances and information about recordings, performance, music, tours, and other entertainment content
Providing non-downloadable audiovisual recordings
Providing non-downloadable sound recordings
Animation production services
Production of television programs featuring animation and Production of motion pictures featuring animations
Production of television programs, motion pictures, and other entertainment vehicles featuring animation
Entertainment services including periodic live musical performances
Entertainment services
Providing prerecorded non-downloadable musical entertainment and music videos via a global computer network and/or wireless networks
Providing prerecorded non-downloadable entertainment videos via a global computer network and/or wireless networks
Providing entertainment information on an entertainer and musician, his performances, discography, and also providing photographs and video clips all via a website, online profile pages, a global computer network, and/or wireless networks
Providing non-downloadable ringtones and graphics presented to mobile communication devices via a global computer network and/or wireless networks
Writing of texts for online journals, namely, Writing of blogs featuring information relating to entertainers and musicians
Arranging and conducting festivals featuring an entertainer/entertainers, musician/musicians
Entertainment services and Educational services
Providing a website featuring entertainment information on an entertainer and musician, and his tours, performances, non-downloadable audio and audiovisual recordings featuring music, musical-based entertainment, news, appearances, photographs, biographies and other entertainment information, providing podcasts in the field of music and entertainment
Writing of texts for online journals
Conducting fan clubs.
The mark was filed in class 42 with hosting on-line journals, namely Hosting of blogs featuring information relating to entertainers and musicians.