The trademark HAPPY PLACE was filed by We Are Happy Place Ltd, a corporation established under the laws of the United Kingdom of Great Britain and Northern Ireland (the "Applicant"). The application was published for oppositions on August 6, 2023, and received one opposition filed on November 6, 2023 by Amco Educación S.A.P.I. de C.V. on Likelihood of confusion. the opponent was represented by AROCHI & LINDNER, S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 6, 2023
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
The Opposition with reference B 003206529 was rejected according to Article 8(1)(b) CTMR with decision issued on July 10, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer software
Computer software applications, including those for mobile phones and wireless devices
Application software for social networking services via the Internet
Software applications for mobile devices relating to health and wellbeing
Podcasts
Downloadable podcasts
Audio and video recordings
Electronic publications
Downloadable publications
E-books
Downloadable electronic books
Audio books
Downloadable audio books
Sound recordings
Downloadable sound recordings
Musical sound recordings
Sound or video recordings, or publications, in electronic form supplied on-line or from facilities provided on the Internet
Digital music provided via the Internet
CDs
DVDs
Pre-recorded CDs
Pre-recorded CDs featuring music
Pre-recorded DVDs
Illuminated signs
Electronic signs.
The mark was filed in class 16 with following description of goods:
Printed matter
Printed publications
Books
Printed promotional and advertising materials
Stationery
Cards
Printed flyers, leaflets, booklets, magazines, journals, periodicals, notebooks, albums
Recipe books
Recipe cards
Address books, calendars, diaries, note cards, art pictures
Postcards
Photographs
Book marks
Book covers
Book ends
Photograph albums
Instructional and teaching material (except apparatus).
The mark was filed in class 35 with following description of goods:
Business management services
Business advisory services
Business intermediary services
Business information services
Commercial information services
Compilation of business directories
Data inputting services
The bringing together for the benefit of others, of a variety of retail outlets offering food, beverages, bags, clothing, footwear, headgear, jewellery, ornaments, trinkets, music, CDs, DVDs, printed matter, posters, books, printed publications, enabling customers to conveniently view and purchase such goods at festivals, entertainment events and educational events
The bringing together for the benefit of others, of a variety of workshops, seminars, presentations, entertainment services, restaurant services, bar services, café services, music entertainment services, children’s entertainment services, circus performances, theatrical performances, live performance services, yoga instruction, meditation services, meditation training, enabling customers to conveniently view, make use of or purchase such services at festivals, entertainment events and educational events
The bringing together for the benefit of others, of a variety of exercise and fitness classes, fitness and exercise instruction, health and wellness training, interactive entertainment, face painting, massage services, enabling customers to conveniently view, make use of or purchase such services at festivals, entertainment events and educational events
Retail and online retail services relating to computer software, computer software applications, software applications for mobile devices, software applications for mobile devices relating to health and wellbeing
Retail and online retail services relating to games and playthings
Advisory and consultancy services relating to the aforesaid.
The mark was filed in class 36 with following description of goods:
Leasing and rental of retail space to third parties, including at festivals and entertainment events
Property management services
Rental of property
Information, advisory and consultancy services relating to the aforesaid.
The mark was filed in class 39 with following description of goods:
Transport
Packaging and storage of goods
Packing of merchandise
Packing articles to order and specification of others
Travel arrangement
Shipping services
Parcel shipping services
Arranging for the shipping of goods
Travel services
Travel agency services
Travel booking and ticket services
Arranging holiday transport
Holiday travel reservation
Travel information
Booking services for travel and tour tickets
Information services relating to travel
Provision of services for travellers and holidaymakers namely the organisation of excursions, sightseeing trips, tours, holiday tours and transport
Route planning services
Provision of databases (travel information) for travellers and holidaymakers
Flight and travel booking services provided and/or operated by a booking engine
Providing travel alerts via electronic means
Booking of airport parking
Booking of airport passenger shuttle services
Provision of information regarding airport facilities
Information, advisory and consultancy services relating to the aforesaid.
The mark was filed in class 41 with following description of goods:
Organising of festivals
Event planning services
Organisation, production, management and conducting of entertainment including music, dance, comedy, theatre and circus, and the aforementioned services provided on-line from a computer database on the Internet
Festival services
Performance of music, dance, comedy, theatre, poetry and circus entertainment, including such services provided on-line from a computer database or the Internet
Live entertainment
Organisation, promotion and production of performance art entertainment including music, dance, comedy, theatre and circus
Live music shows
Interactive entertainment
Face painting
Arranging and conducting of workshops and seminars
Arranging and conducting outdoor and indoor live events, for entertainment or educational purposes
Arranging and conducting exhibitions, shows, competitions, contests, games, concerts and tours, all for entertainment or educational purposes
Education
Online education and training
Educational services, including such services relating to therapeutic treatments, yoga, homeopathy, meditation, mindfulness, wellness and fitness
Providing of training
Education and entertainment services featuring electronic multimedia content, videos, movies, pictures, images, text, photos, games, user-generated content, audio content and related information via computers and communications networks
Conducting classes, seminars, conferences and teaching training in the fields of yoga, yoga instruction, yoga philosophy, yoga theory and practice, allopathic physical systems, integration of medical and yogic systems and yoga therapy
Pilates instruction
Yoga instruction
Meditation training
Exercise and fitness classes
Fitness and exercise instruction
Health and wellness training
Sporting and cultural activities
Providing on-line electronic publications, not downloadable
Providing electronic publications
Provision of entertainment via podcast
Production of radio and television programmes
Production, presentation, syndication, distribution and rental of films, television and radio programmes, whether downloadable or not
Production, presentation, syndication, distribution and rental of video and audio recordings
Provision of information regarding entertainment and educational activities
Music publishing services
Publishing services
Electronic publishing services
Publishing in the nature of blogs and vlogs
Digital video, audio and multimedia entertainment publishing services
Information about entertainment and educational events provided via online networks and the internet
Corporate hospitality
Information, consultancy and advisory services relating to all of the aforesaid services, including such services provided on-line from a computer database or the Internet.
The mark was filed in class 42 with following description of goods:
Hosting of podcasts
Hosting of videocasts
Hosting of websites
Maintenance and development of computer software
Leasing of computer software
Software as a Service [SaaS]
Hosting services, software as a service, and rental of software
Platform as a Service [PaaS]
Information, consultancy and advice about any of the aforesaid services.
The mark was filed in class 43 with following description of goods:
Services for providing food and drink
Provision of event facilities
Providing temporary trailer park facilities
Providing camp ground facilities
Provision of conference, exhibition and meeting facilities