Beats secures trade mark victory with EUIPO Fourth Board of Appeal

In an interesting decision delivered earlier this month, the EUIPO Fourth Board of Appeal reversed an earlier (rather surprising) decision of the Opposition Division, and found that registration of this sign:would conflict with the Beats figurative EU trade marks (EUTMs). The Opposition Division had in fact excluded that the sign of the applicant and those of the opponent would be similar and that a likelihood of confusion would subsist. BackgroundWith an application filed in March 2015 the applicant, Disashop, sough to register the figurative red and white sign above as an EUTM. Registration was sought for goods and services in Classes 9 (apparatus for recording, transmission or reproduction of sound or images), 35 (business management, business administration, market research services, export services), and 38 (telecommunication services, in particular mobile telephony, broadcasting of radio and television programmes) of the Nice…

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