As per a filing submitted recently with the Trademark Trial and Appeal Board, the multinational technology company Amazon Technologies Inc. is initiating opposition proceedings against the Trademark Registration of ‘AWS Music.’ The filing states that with the registration of ‘AWS Music,’ the consumers are most likely to be deceived, confused, or mistaken into thinking that the goods or services provided under the AWS Music mark by the trademark applicant Aidan W. Schmall emerge from Amazon or are in some way endorsed by Amazon.
The 103 pages long opposition filed asserts that Amazon is an American multinational tech giant focusing on providing different services, including cloud computing, artificial intelligence, digital streaming, and e-commerce. For nearly two decades now, the tech giant has been providing cloud computing services from its global data centers under Amazon Web Services (also widely referred to as AWS) brand name. The opposition filed mentions that the term AWS is used alone as well as in conjunction with other trademarks. It further states that Amazon owns 50 domestic trademark registrations and has many pending Trademark Applications for its AWS mark covering a wide range of goods and services.
The filing also sheds light on the opposer’s ‘Amazon Music’ mark and the offerings associated with it, which include entertainment services, such as video recordings, music albums, music, songs, artists, albums, photographs, film clips, amongst other multimedia material in the field of music in International Class 41.
In the opposition filed, Amazon argues by saying that the applicant’s proposed AWS Music mark would interfere with Amazon’s extant AWS marks as it is proposed to sell a similar set of services to overlapping classes of consumers and purchasers. Additionally, Amazon believes that both the marks in question are way too similar in commercial impression and appearance – due to which they are very much likely to cause consumer confusion, mistake, or deception.
Finally, Amazon’s opposition highlights the concerns that the registration of the proposed AWS Music mark would diminish the unique value of its marks and enable the trademark applicant to freeride on its hard-won goodwill. Therefore, Amazon is now requesting the court to reject the said trademark application and sustain its objection. For more visit: https://www.trademarkmaldives.com
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