The trademark application Background Performer was filed by Background Performer GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). Application refused.
The application was filed in German (English was selected as the second language).
The Refusal with reference B 018275834 was Rejected according to Article 7(1)(b) EUTMR with decision issued on November 19, 2020 by the EUIPO.
Goods And Services
The mark was filed in class 35 with following description of goods:
Business assistance, management and administrative services
Advertising, marketing and promotional services
Business consultancy and advisory services
Mediation and conclusion of commercial transactions for others
Administrative assistance in responding to calls for tenders
Agency services for arranging business introductions
Business acquisitions
Outsourcing services in the field of business operations
Outsourcing services in the nature of arranging service contracts for others
Outsource service provider in the field of customer relationship management
Management advice relating to the placing of staff
Assistance with business planning
Providing user reviews for commercial or advertising purposes
Providing user rankings for commercial or advertising purposes
Stock management services
Provision of assistance [business] in the establishment of franchises
Provision of assistance [business] in the operation of franchises
Business services relating to the arrangement of joint ventures
Business merger services
Services rendered by a franchisor, namely, assistance in the running or management of industrial or commercial enterprises
Business networking services
Business services relating to the establishment of businesses
Business strategy services
Business strategy development services
Business management
Business management services relating to the development of businesses
Company management, including consultancy in demographic matters
Operation of businesses [for others]
Business management for a trade company and for a service company
Business representative services
Business management services relating to the acquisition of businesses
Business management and consultancy services
Business administration and management
Supervision of businesses on behalf of others
Business planning services
Business strategy and planning services
Providing assistance in the management of franchised businesses
Providing assistance in the field of business management and planning
Providing assistance in the management of business activities
Business management assistance in the field of franchising
Assistance to industrial or commercial enterprises in the running of their business
Business assistance relating to the formation of commercial undertakings
Providing assistance in the management of industrial or commercial enterprises
Management assistance to commercial companies
Management assistance in the establishment of commercial undertakings
Assistance in franchised commercial business management
Commercial or industrial management assistance
Business assistance relating to the establishment of franchises
Business assistance relating to franchising
Assistance to industrial enterprises in the conduct of their business
Assistance to commercial enterprises in the management of their business
Assistance to management in commercial enterprises in respect of advertising
Management assistance for industrial organisations
Corporate management assistance
Business management assistance for industrial or commercial companies
Assistance relating to business organisation
Help in the management of business affairs or commercial functions of an industrial or commercial enterprise
Management and operation assistance to commercial businesses
Management assistance
Business assistance
Management assistance in business affairs
Commercial assistance in business management
Information about sales methods
Interim business management
Business process management and consulting
Management of business projects [for others]
Business process re-engineering
Operational business assistance to enterprises
Business management organisation
Outsourcing services [business assistance]
Business succession planning
Business meeting planning
Business management assistance
Planning concerning business management, namely, searching for partners for amalgamations and business take-overs as well as for business establishments
Business risk assessment services
Business management planning
Strategic business planning
Management administration of commercial undertakings
Negotiation of business contracts for others
Negotiation of contracts relating to the purchase and sale of goods
Negotiation of advertising contracts
Negotiation and conclusion of commercial transactions for third parties via telecommunication systems
Business supervision
Mediation of agreements regarding the sale and purchase of goods
Mediation of contracts for purchase and sale of products
Commercial intermediation services
Negotiation of commercial transactions for third parties
Administration of foreign business affairs
Business process management
Commercial management
Customer relationship management
Administration of competitions for advertising purposes
Mediation of advertising
Consultancy relating to demographics for marketing purposes
Marketing advice
Marketing consulting
Press advertising consultancy
Advisory services relating to corporate identity
Direct marketing consulting
Business marketing consultancy
Consultancy regarding advertising communication strategies
Market segmentation consultation
Consultancy relating to advertising and promotion services
Consultancy relating to advertising
Advisory services relating to publicity for franchisees
Consultancy services relating to advertising, publicity and marketing
Advice on the analysis of consumer buying habits and needs provided with the help of sensory, quality and quantity-related data
Consultancy relating to the organisation of promotional campaigns for business
Consultancy relating to search engine optimisation
Consultations relating to business promotion
Advisory services relating to promotional activities
Consultancy services in the field of affiliate marketing
Consulting services in the field of Internet marketing
Providing advice relating to the analysis of consumer buying habits
Provision of information and advisory services relating to e-commerce
Professional consultancy relating to marketing
Marketing assistance
Providing assistance in the field of business promotion
Providing marketing consulting in the field of social media
Provision of marketing advisory services for manufacturers
Advice relating to marketing management
Business advice relating to marketing management consultations
Consultations relating to business advertising
Business advice relating to marketing
Business advice relating to strategic marketing
Organisation of promotions using audiovisual media
Advisory services relating to sales promotion
Advertising and marketing consultancy
Advertising services relating to clothing
Customer loyalty services for commercial, promotional and/or advertising purposes
Loyalty scheme services
Organization, operation and supervision of sales and promotional incentive schemes
Administration of sales promotion incentive programs
Administration of consumer loyalty programs
Public relations consultancy
Consultancy regarding public relations communication strategies
Media relations services
Corporate communications services
Conducting studies in the field of public relations
Public relations studies
Assistance to management in commercial enterprises in respect of public relations
Commercial lobbying services
Affiliate marketing
Analysis of advertising response
Analysis of the public awareness of advertising
Business promotion services provided by audio/visual means
Preparation of advertising material
Preparation of publicity documents
Information services relating to advertising
Provision of information relating to marketing
Provision of information relating to advertising
Outdoor advertising
Banner advertising
Corporate identity services
Advice in the field of business management and marketing
Sponsorship search consultancy services
Brand evaluation services
Computerised business promotion
Database marketing
Promotion services
Marketing agency services
Advertising agency services
Publicity services
Brand strategy services
Digital advertising services
Digital marketing
Direct marketing
Analysis of advertising response and market research
Market campaigns
Referral marketing
Development and implementation of marketing strategies for others
Brand creation services (advertising and promotion)
Brand creation services
Development of marketing strategies and concepts
Development of promotional campaigns
Design of advertising brochures
Design of advertising flyers
Developing promotional campaigns for business
Development of advertising concepts
Design of advertising logos
Design of marketing surveys
Design of advertising materials
Consumer profiling for commercial or marketing purposes
Advertising analysis
Production of advertising material
Preparation of custom advertisements for others
Preparing and placing outdoor advertisements for others
Preparing and placing advertisements for others
Preparing advertisements for others
Provision of marketing reports
Preparation of marketing plans
Preparing promotional and merchandising material for others
Preparation of advertisements
Preparation of publicity publications
Preparation of trade publicity texts
Dissemination of data relating to advertising
Providing business marketing information
Event marketing
Television advertising
Sales promotion
Trade marketing [other than selling]
Issuing and updating of advertising texts
Publication of publicity texts
Providing assistance in the field of product commercialization
Management assistance for promoting business
Assistance in product commercialization, within the framework of a franchise contract
Business assistance relating to business image
Radio and television advertising
Web indexing for commercial or advertising purposes