The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
The Appeal with reference B R0977/2020-2 was Application rejected according to Article 8(1)(b) EUTMR with decision issued on February 1, 2021 by the EUIPO. The Opposition with reference B 003078923 was rejected according to Article 8(1)(b) CTMR with decision issued on February 27, 2020 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Scientific, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments
Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity
Apparatus for recording, transmission or reproduction of sound or images
Recording substrates [magnetic], Video tapes and video cassettes, Phonograph records
Compact discs, DVDs and other digital recording media
Mechanisms for coin-operated apparatus
Cash registers, Data processing equipment, computers
Computer software, recorded
Computer software applications, downloadable
Encoded magnetic cards
Spectacles (optical goods), sunglasses, spectacles for sports, anti-glare spectacles
Spectacle frames
Frames (casings) for spectacles and sunglasses
Spectacle lenses
Correcting lenses [optics]
Contact lenses
Contact lenses
Opticians' goods
Spectacle and sunglasses cases
Containers for contact lenses
Camcorders
Telephone receivers
Cases, covers and chargers for mobile telephones
Electronic publications, downloadable
Downloadable music and image files
Timetables (Electronic -)
Sound carriers, USB flash drives
Electronic tags for goods
Mouse pads
Headphones
Telephone receivers
Virtual reality headsets
Decorative magnets
Scales
Clothing, footwear, gloves, masks and helmets for protection against accidents
Wearable activity trackers.
The mark was filed in class 25 with Clothing, footwear and headgear for wear.
The mark was filed in class 35 with following description of goods:
Advertising
Presentation of goods on communication media, for retail purposes
Business management
Business administration
Office functions
Organisation of dance competitions, dance galas, balls, fashion shows and exhibitions for commercial or advertising purposes
Business management for performing artists and dancers
Rental of advertising space and time
Promotion of goods and services through sponsorship of dance and sports events
Retailing or wholesaling of dance clothing and accessories, musical recording media and dance courses.
The mark was filed in class 41 with following description of goods:
Education
Academies [education]
Providing of training
Entertainment
Dance classes
Entertainer services
Sporting and cultural activities
Organisation of balls and dance competitions for educational or entertainment purposes
Providing sports or recreation facilities and dance halls