The trademark application EVERYONE´S A WINNER was filed by Marcel Kutschenbauer, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on June 4, 2023, and it was registered by office on September 11, 2023 without any oppositions.
The application was filed in German (English was selected as the second language).
The Refusal with reference B 018531753 was partially rejected according to Article 7(1)(b) EUTMR with decision issued on December 7, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 35 with following description of goods:
Advice in the running of establishments as franchises
Business management assistance in the field of franchising
Services rendered by a franchisor, namely, assistance in the running or management of industrial or commercial enterprises
Administration of the business affairs of franchises
Assistance in business management within the framework of a franchise contract
Direct mail advertising, fly sheets, prospectuses, printed papers, samples, promotional literature, publication of publicity texts and promotional literature
Business management, namely personnel recruitment, personnel management consultancy, business management consultancy, professional business consultancy
Business administration
Marketing, marketing studies and market analysis
Organisational and commercial consultancy services
Organisational consultancy for installers and owners of automatic vending machines, coin-operated games apparatus and amusement machines, and for operators of gaming establishments
Organisational and professional business consultancy on the opening and running of amusement parks
Advertising, advertising by means of advertising materials, marketing, business and organisational project organisation
Sponsorship in the form of business consultancy, including the arranging and conducting of marketing events and/or marketing projects
Franchising services for tournament organisers, namely commercial and professional business consultancy in the planning, organisation and conducting of tournaments and recreational activities
Sponsoring in the form of arranging of intermediate event organisers [arranging of trade agreements for others]
Sponsorship search.
The mark was filed in class 38 with following description of goods:
Telecommunication services
Providing virtual facilities for real-time interaction among computer users
Providing access to (online) computer databases
Providing user access to global computer networks
Providing user access to platforms on the Internet
Providing access to data in computer networks
Providing access to and leasing access time to computer databases
Providing access to databases in computer networks
Providing access to information via data networks
Providing access to electronic communications networks and electronic databases
Provision of access to an electronic marketplace [portal] on computer networks
Provision of access time to computer databases
Providing access to databases
Providing user access to computer programmes in data networks
All the aforesaid services solely for the selection, standardisation and providing of software for managing e-mails, calendars, data storage, chat and video conferences, identity and access management, self service and app stores.
The mark was filed in class 41 with Educational instruction.
The mark was filed in class 45 with following description of goods:
Licensing industrial property rights
Licensing of confidential know-how
Legal consultancy through authorised representatives.