Decision Nº O/087/20 from Intellectual Property Office - (Trade market), 12 February 2020
| Judge | Ms H Harrison |
| Date | 12 February 2020 |
| Administrative Decision Number | O/087/20 |
| Registration Number | UK00003322132 |
| Court | Intellectual Property Office (United Kingdom) |
O-087-20
IN THE MATTER OF APPLICATION NO. 3322132
BY MUZMATCH LIMITED FOR THE TRADE MARK:
muzmatch
AND
IN THE MATTER OF OPPOSITION THERETO
UNDER NO. 413729
BY MATCH GROUP, LLC
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Background and pleadings
1. On 3 July 2018, muzmatch Limited (“the applicant”) applied to register muzmatch as
a trade mark, under number 3322132. The mark was published for opposition purposes
on 20 July 2018 in respect of the following goods and services:
Class 9: Computer software; downloadable computer software for accessing, managing,
controlling and interacting with third parties; downloadable computer software for
databases; mobile phone app for sending messages; mobile phone app software to
facilitate introductions and dating; computer software development tools for social
networking and building social networking applications; software to enable uploading,
posting, showing, displaying, tagging, blogging, sharing or otherwise providing
electronic media or information over the Internet or other communications network;
apparatus for recording, transmission or reproduction of sound or images; recorded and
unrecorded sound and image media of all kinds; downloadable software for use with
wireless telecommunications and GPS devices, namely software for displaying
information relating to the position and physical presence of persons and objects for
wireless telecommunications devices; computer software in the nature of a mobile
application enabling users to share their geographical location and locate other users, to
exchange electronic messages, to download, view, annotate and share data,
information, images and digital content; equipment, computers and software for the
interaction of persons based on their position; equipment, computers and software for
the locating of objects and persons and the digitised representation thereof; equipment,
computers and software for the collating, transmission and storage of data, in particular
texts, images and audio and video files, on mobile terminals and on systems on the
Internet; equipment, computers and software for the constructing and operating of social
networks and communities; downloadable computer software for use on wireless
devices and computers related to applications promoting the discovery and sharing of
music and filmed entertainment and dating; downloadable computer software for
sending and receiving virtual gifts; downloadable computer software for uploading and
downloading electronic files to share with others; podcasts, audio and video recordings;
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downloadable electronic music, images, text and audio content; computer software
platforms and applications for managing bookings including for events, food and drink
and sporting, entertaining, cultural and educational activities; downloadable software in
the nature of a mobile application for booking and viewing events; downloadable
software in the nature of a mobile application in the field of entertainment, namely, for
purchasing tickets and viewing a timetable for future events; apparatus for recording,
transmission or reproduction of sound or images; magnetic recording carriers and data
carriers, and magnetic data carriers, optical data carriers; electronic publications,
newsletters, magazines, periodicals, pamphlets, leaflets, instructional materials and
teaching materials, provided on-line from computer databases, computer networks,
global computer networks or the Internet (including web pages and web sites);
instructional materials and teaching materials, provided on-line from computer
databases, computer networks, global computer networks or the Internet (including web
pages and web sites).
Class 35: Compilation of information into databases; maintaining databases of personal
information for social networking, dating and introduction services; management,
systematic ordering and collation of data in computer databases; services with regard to
processes for the collating and storage of data, in particular texts, images and audio
and video files, on mobile terminals and on systems on the Internet; electronic data
processing consultancy; advertising; display services for merchandising; online
networking services, namely business and social networking; mobile and electronic
commerce services, namely, providing information about events, services and products
via telecommunication networks for advertising and sales purposes; promoting the
events, goods and services of others by allowing users to recommend, rate and review
the aforementioned events, services and products; providing an online directory
information service featuring information regarding, and in the nature of, individuals and
interests, classifieds, virtual community and social networking; updating of advertising
material; merchandising, namely promotional placement of goods; retail services
connected to computer software, mobile applications, printed matter, books,
downloadable books and help guides, jewellery, flowers, cards, clothing, headgear,
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