The trademark application THE MARATHON was filed by Samiel Asghedom, a national of the United States of America (the "Applicant"). The application was published for oppositions on May 24, 2021, and it was registered by office on August 30, 2021 without any oppositions.
The application was filed in English (German was selected as the second language).
The Refusal with reference B 018268236 was partially rejected according to Article 7(1)(b) EUTMR with decision issued on March 7, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 25 with Swimwear and headwear..
The mark was filed in class 35 with following description of goods:
Retail store services relating to swimwear, headwear, bags, lighters, entertainment memorabilia namely ornaments for Christmas trees, key chains, paper weights, bobble-head dolls and ashtrays
Retail store services relating to CDs, DVDs, vaporizers for medical purposes, smoking accessories and devices, plant extracts for pharmaceutical purposes, candy, natural plants and flowers, smokers' articles, namely, oral vaporizers for smokers, and electrically powered handheld vaporizers
Online retail store services relating to swimwear, headwear, bags, lighters, entertainment memorabilia namely ornaments for Christmas trees, key chains, paper weights, bobble-head dolls and ashtrays
Online retail store services relating to CDs, DVDs, vaporizers for medical purposes, smoking accessories and devices, plant extracts for pharmaceutical purposes, candy, natural plants and flowers, smokers' articles, namely, oral vaporizers for smokers, and electrically powered handheld vaporizers.
The mark was filed in class 41 with following description of goods:
Production of television and radio programs
Distribution of television and radio programs for others
Production and publishing of music
Providing online entertainment, namely, providing non-downloadable sound and video recordings in the field of music, entrepreneurship and music-related entertainment
Entertainment services, namely, providing online non-downloadable prerecorded musical sound and video recordings via a global computer network
Fan clubs
Development and dissemination of printed educational materials of others in the field of music and entertainment
Radio entertainment production and distribution
Audio and sound recording and 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 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
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 live 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 or recorded for future distribution
Educational and entertainment services, namely, production and presentation of television shows in the field of music, entrepreneurship, fashion shows, game shows, music shows, and award shows and comedy shows which are all broadcast live or recorded for later broadcast
Entertainment services, namely, providing a website featuring non-downloadable musical performances, musical videos, related film clips, photographs, and other multimedia materials featuring music and entertainment
Entertainment services, namely, providing online reviews of music, musical artists and music videos
Entertainment services, namely, providing prerecorded non-downloadable music, information in the field of music, and commentary and articles about music, all online 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, entrepreneurship and the arts
Organizing exhibitions for entertainment purposes featuring music and the arts
Publishing of web magazines
Education and entertainment services, namely, organizing and conducting social entertainment, cultural events and an ambassador program to encourage the doing of kind acts for others
Education services, namely, providing courses, classes, seminars, lectures, workshops, conferences and instructions in the fields of social and emotional learning, philanthropy, citizenship, the promotion of public awareness of the need to do good, and the promotion of ethical and character values, entrepreneurship, to be a good citizen and to perform community services, charitable activities and the doing of good deeds for others and distribution of course material in connection therewith
Educational services, namely, providing online courses, classes, seminars, lectures and workshops in the fields of social and emotional learning, philanthropy, citizenship, the promotion of public awareness of the need to do good, entrepreneurship, the promotion of ethical and character values, to be a good citizen and to perform community services, charitable activities and the doing of good deeds for others, and distribution of course material in connection therewith
Educational and entertainment services, namely, providing motivational and educational speakers in the fields of social and emotional learning, philanthropy, citizenship, the promotion of public awareness of the need to do good, entrepreneurship, and the promotion of ethical and character values, to be a good citizen and to perform community services, charitable activities and the doing of good deeds for others
Educational services, namely, conducting informal on-line programs in the fields of social and emotional learning, philanthropy, citizenship, the promotion of public awareness of the need to do good, entrepreneurship, and the promotion of ethical and character values, to be a good citizen and to perform community services, charitable activities and the doing of good deeds for others, and printable materials distributed therewith
Educational services, namely, developing supplemental educational materials for others in the fields of social and emotional learning, philanthropy, citizenship, the promotion of public awareness of the need to do good, entrepreneurship, and the promotion of ethical and character values, to be a good citizen and to perform community services, charitable activities and the doing of good deeds for others
Educational services, namely, providing online instruction in the fields of social and emotional learning, philanthropy, citizenship, the promotion of public awareness of the need to do good, entrepreneurship, and the promotion of ethical and character values, to be a good citizen and to perform community services, charitable activities and the doing of good deeds for others
Educational services, namely, developing supplemental educational materials for teachers
Entertainment services, namely, organizing and conducting social entertainment and cultural events to encourage the doing of kind acts for others and entrepreneurship
Providing a website that contains non-downloadable videos and prerecorded digital media in the nature of audio and video recordings in the fields of social and emotional learning, philanthropy, citizenship, the promotion of public awareness of the need to do good, entrepreneurship, and the promotion of ethical and character values, to be a good citizen and to perform community services, charitable activities and the doing of good deeds for others.