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Trade Marks Inter Partes Decision O/087/20

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Trade Marks Inter Partes Decision O/087/20 O-087-20 TRADE MARKS ACT 1994 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 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; Page 2 of 84 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, Page 3 of 84 bags, purses, ties; creation and maintenance of databases; collection, compilation, storage, handling, systemisation, management, preparation, processing, analysis, dissemination and retrieval of information, data and statistics on, in or out of computer databases; database services provided over the Internet; business management and business information services; business administration; preparation of statistics; statistical services; organisation and operating of promotions events; presentation (promotion) of individuals on the Internet and other media; market research and information research services; the collection, analysis and dissemination of information about individuals; computerised file management services; storage of location-related and person-related data; operation of loyalty schemes and incentive awards programs to users of a computer dating or social networking website to promote the sale of consumer goods and travel, hospitality and entertainment services for others; information, consultancy and advice about any of the aforesaid services. Class 38: Telecommunications; transmission of sound, text and/or images; internet access provider services; electronic on-line services for the receipt and delivery of messages, documents, images and other data by electronic transmission; electronic mail services; providing multiple-users access to a global computer information network; providing personal electronic web pages and featuring user-provided content; providing an online searchable database of individuals sharing of photographs and data, namely electronic transmission of digital photographic files, graphics and audio content between internet users; electronic messaging services; providing access via a global computer network to electronic bulletin boards; providing communication services to web communities; electronic on-line services for the receipt and delivery of messages, documents, images and other data by electronic transmission; provision of internet portals to facilitate uploading of text, images and videos; providing access to a global computer network for the transfer and dissemination of information; collection and supply of news, including electronic news; providing access to e-commerce platforms on the Internet; providing access to hotlines; computer-aided electronic information and communication services for private users; delivery of digital audio and/or video by telecommunications; arranging access to databases on the Internet; ; arranging and Page 4 of 84 leasing access time to computer databases; Internet provider services, namely the leasing and arranging of access time to databases, in particular to the Internet and/or intranets; providing access to computer databases in the fields of social networking, social introduction and dating; providing access to weblogs; communication by online blogs; transfer of information and data via online services and the Internet; providing on- line chatrooms and electronic bulletin boards for transmission of messages amongst users; access to content, websites and portals; services with regard to processes for the transmission of data, in particular texts, images and audio and video files, on mobile terminals and on systems on the Internet; constructing and operating of web portals; services with regard to processes for the constructing and operating of local and global social networks and communities; information, advice and consultancy relating to the aforesaid. Class 41: Publication services, namely, photo-sharing and video-sharing services; on line publishing services including information relating to publications via a computer database or via the Internet; publication of directories; publication of directories containing contact details of businesses and individuals; publication of information; educational services, namely, conferences, training courses, testing, workshops, and distributing course materials in connection therewith; educational services relating to personal safety and security, lifestyle and emotional wellbeing; educational services relating to dating and social introduction, and social networking; arranging of competitions; provision of social events and cultural activities; ticket agency services; booking services; organization of cultural, sporting, musical events and other forms of entertainment; ticket reservation services; booking services for users to search for and book tickets for attendance at events, all provided online; community event services; organising community and cultural events;
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