Refusal of application for a Community trade mark

(Article 7 CTMR and Rule 11(3) CTMIR)

Alicante, 05/11/2015

LANE IP LIMITED

2 Throgmorton Avenue

London, EC2N 2DG

REINO UNIDO

Application No:	013769211
Your reference:	0003-0597EM
Trade mark:	MUSICQUICK
Mark type:	Word mark
Applicant:	Universal Music - Z Tunes LLC 2220 Colorado Avenue Santa Monica California 90404 ESTADOS UNIDOS (DE AMÉRICA)

With the notification dated 05/03/2015 and 28/08/2015 (attached) the applicant was informed, by e-comm, that the sign applied for can not be registered under Article 7(1)(b), (c) and 7(2) CTMR.

With the above notice the applicant was given opportunity to submit observations in reply (see also the further communication dated 28/08/2015). Pursuant to Article 75 CTMR, it is up to the Office to take a decision based on reasons or evidence on which the applicant has had an opportunity to present its comments. The Office has not received any observations within the specified time limit. Consequently further argumentation is superfluous and the application is rejected in part for the reasons as stated in the above notice pursuant to Article 7(1)(b), (c) and 7(2) CTMR.

The application is rejected for the following goods and services:

Class 9 Downloadable ring tones and music; downloadable mp3 files, images,and videos for wireless communication devices, all in the field ofmusic, sound effects, and music-related entertainment; downloadable music; downloadable mp3 files, images, and videos, all in the field of music and music-related entertainment; downloadable electronic publications in the nature of booklets, magazines, journals, manuals, brochures, leaflets, pamphlets and newsletters, all in the field of music, sound effects, and music-related entertainment; computer

software for use by entertainment industry professionals for downloading music and sound effects.

Class 35 Computerized on-line ordering featuring Magnetic data carriers, recording discs, Compact discs, DVDs and other digital recording media, computerized on-line ordering services in the field of music, sound effects, and music-related entertainment; computerized online retail store services in the field of music, sound effects, and music related entertainment; on-line gift ordering services featuring Magnetic data carriers, recording discs, Compact discs, DVDs and other digital

recording media; conducting an on-line tradeshow exhibition, in the

field of music, sound effects, and music-related entertainment; mail

order catalog services featuring CDs, cassettes, DVDs, Magnetic data carriers, recording discs, Compact discs, DVDs and other digital recording media, on-line retail store services featuring downloadable pre-recorded sound effects and musical sound and video recordings,

Magnetic data carriers, recording discs, Compact discs, DVDs and other digital recording media; organization of promotions using audiovisual media; preparing audio-visual displays for music advertising; preparing audio visual presentations for use in advertising; arranging

and conducting trade show exhibitions in the field of music, sound effects, and music-related entertainment; arranging and conducting fairs and exhibitions for business and advertising purposes; promoting and conducting trade shows in the field of music, sound effects, and

music-related entertainment; promoting the concerts of others; promoting the goods and services of others by arranging for sponsors to affiliate their goods and services with concerts and musical events; promoting the goods and services of others by preparing and placing

advertisements in an electronic magazine accessed through a global computer network; providing information about the goods and services of others via a global computer network; retail store services available through computer communications and interactive television featuring CDs, cassettes, DVDs, videocassettes and Magnetic data carriers,r ecording discs, Compact discs, DVDs and other digital recordingmedia.

Class 38 Broadcast of cable television programs; broadcasting programs via a global computer network; cable radio broadcasting and transmission; cable, network and satellite television broadcasting and transmission services; transmitting streamed sound, video, and audio-visual recordings via the Internet; streaming of audio, video, and audio-visual

material on the Internet; digital and electronic transmission of voice, data, sound, images, audio and video content, and messages; videoon-demand transmission services; providing on-line chat rooms and forums and electronic bulletin boards for transmission of messages

among users concerning music, sound effects, and music-related entertainment; providing wireless transmission of uploadable and downloadable ring tones, voice, music, sound effects, mp3 files, graphics, games, images, videos, information and news via a global

computer network to wireless mobile communication devices; sending and receiving voice and text messages between wireless communication devices; providing wireless communication services, namely, transmission of ringtones to mobile telephones and mobile

devices; mobile ringtone subscription services, namely, providing ringtone services for mobile telephones whereby users can select from a variety of call notification sounds and music; and providingmultiple-user access to a global computer information network.

Class 41 Music publishing services; music composition services; music production services; production music library services; online rental and leasing of musical sound recordings and recorded sound effects; providing an online searchable database featuring cataloged and

indexed musical sound recordings and recorded sound effects; production of television and radio programs; distribution of television and radio programs for others; providing online entertainment, namely, providing non-downloadable sound and video recordings in the field of music, sound effects, and music-related entertainment; entertainment services, namely, providing online non-downloadable prerecorded musical sound and video recordings and recorded soundeffects via a global computer network; fan clubs; development and dissemination of educational materials of others in the field of music, sound effects, and music-related entertainment; radio entertainment production and distribution; audio and sound recording production; record production; film and video production; production of motion

picture films; distribution of motion picture films; television program syndication; entertainment in the nature of ongoing television programs in the field of music and music-related entertainment; entertainment, namely, a continuing music and entertainment show

distributed over television, satellite, audio, and video media; publication of books and magazines; entertainment in the nature of ongoing radio programs in the field of music and music-related entertainment; entertainment in the nature of live concerts and performances by musical artists and groups; entertainment services, namely, personal appearances by musical groups, musical artists and celebrities; entertainment services in the nature of performances

rendered by musical artists through the medium of television, radio, and audio and video recordings; entertainment services, namely, performances by musical artists rendered live and recorded for future distribution; educational and entertainment services, namely, production and presentation of television shows, sports events, fashion shows, game shows, music shows, award shows and comedy

shows before live audiences which are all broadcast live or taped for later broadcast; entertainment services, namely, providing a web site featuring non-downloadable musical performances, music, sound effects, musical videos, related film clips, photographs, and other

multimedia materials featuring music and music-related entertainment; entertainment services, namely, providing on-line reviews of music, sound effects, musical artists and music videos; entertainment services, namely, providing prerecorded non-downloadable music,

sound effects, information in the field of music, and commentary and articles about music, sound effects, and music-related entertainment, all on-line via a global computer network; entertainment services, namely, live, televised and movie appearances by a professional

entertainer; conducting entertainment exhibitions in the nature of music festivals; entertainment services, namely, conducting exhibitions in the field of music and the arts; organizing exhibitions for entertainment purposes featuring music and the arts; and publishing

of web magazines.

It may proceed to publication for all the remaining goods/services.

According to Article 59 CTMR, you have a right to appeal against this decision. According to Article 60 CTMR, notice of appeal must be filed in writing at the Office within two months of the date of notification of this decision. Furthermore, a written statement of the grounds of appeal must be filed within four months of the same date. The notice of appeal will be deemed to be filed only when the appeal fee of EUR 800 has been paid.

Wolfgang SCHRAMEK