The trademark application BETTER EVERY DAY was filed by Zebra Technologies Corporation, a U.S. corporation (the "Applicant"). Application under examination.
The application was filed in English (German was selected as the second language).
The Refusal with reference B 019104518 was Rejected according to Article 7(1)(b) EUTMR with decision issued on March 26, 2025 by the EUIPO.
Goods And Services
The mark was filed in class 7 with Industrial robots.
The mark was filed in class 9 with following description of goods:
Downloadable computer software that uses artificial intelligence (AI) for allocation and fulfillment optimization, assortment planning and optimization, demand forecasting and replenishment, lifecycle pricing, personalization, demand forecasting and planning, order promising, and intelligent pricing
Tablet computers
Downloadable computer software that leverages large language models trained on an organization’s standard operating procedures to support learning and enablement
Recorded or downloadable software application, for time-temperature sensitive labels, devices and indicators, for managing, monitoring, and communicating environmental data and information regarding environmentally sensitive products
Temperature sensor and monitor and recording kit used to validate coolers by measuring and recording the temperature of blood and other items contained within the cooler comprised of temperature recorders, electric sensors and probes not for medical use
Downloadable computer software that enables users to leverage a Zebra device to upload a shelf image to receive planogram insights and a consolidated action list for optimizing shelf conditions
Machine vision cameras
Downloadable computer software that integrates with centralized task engines, auto-generates tasks from environmental sensing, and provides an intuitive interface for task management and completion notifications
Downloadable computer software that is trained on technical manuals to support technical queries on device configuration and troubleshooting
Computer hardware and software for identifying, locating or tracking assets, equipment or people
Downloadable computer software that uses artificial intelligence (AI) for optimizing day-to-day retail and supply chain operations by generating, assigning, routing and tracking the completion of tasks
Downloadable computer software that uses a natural language interface or barcode scan for product queries and recommendations, supporting the sales journey by looking up availability, price, and identifying opportunities for upsell and cross-sell of complementary products
Electronic dataloggers for sensing, managing, monitoring, authenticating, and communicating environmental data and information regarding environmentally sensitive products
Downloadable computer software that uses machine learning, artificial intelligence and pattern detection to reduce shrink, loss and fraud for retail and consumer packaged goods companies
Barcode reading devices
Wristband printers
Computer programs, namely, software for designing printing and creating bar code labels, cards, or wristbands
Downloadable computer software for enhancing retailers' store operations, task management and workforce management, store execution in the nature of managing point-of-sale, inventory management, cycle counts and physical inventory execution, labor operations, demand planning, merchandising, marketing promotion and pricing optimization, and supply chain forecasting
Smart wireless sensors and recorded or downloadable software, portable electrical sensor apparatus, and recorded or downloadable software application, for time-temperature sensitive labels, devices and indicators, all for managing, monitoring, and communicating environmental data and information regarding environmentally sensitive products
Digital cameras
Printers, namely, mobile printers and label printers
Thermal printers
Heat, light, and time-sensitive non-paper labels embedded with chemical indicators activated by the environment for monitoring the condition and tracking the pedigree of perishable products for determining freshness, potency, sell-by dates, and use-by dates
Barcode scanners
Computer and network management software and hardware for use with mobile computers, RFID readers, speech-directed devices and speech recognition used for mobile ticketing, payment processing, personal identification collection and verification, dispatching and scheduling, equipment maintenance, break-fix and repair
Fixed and portable radio frequency identification devices and readers
Cooler validation kit for confirming temperature maintaining capability of a cooler by measuring and recording temperature within the cooler, USB docking station and recorded or downloadable software for temperature recorder, water and shock resistant case to protect and store kit components, namely, electric sensors and temperature probes not for medical use
Portable computer terminals
Computer hardware comprised of readers, scanners, and cameras, that use recorded machine vision software to inspect and analyze materials and codes in manufacturing, transportation and logistics, factory, shipping and industrial applications
Computer programs for operating printers
Printer components, namely, printheads
Mobile computers
Downloadable computer software for use in the operation, control and management of warehouses and storage facilities, enterprise resource planning, supply chain and logistics management, factory automation, industrial robots and automated machines
Optical scanners
Printer stations
Barcode printing machines
Downloadable computer software, namely, business management, workforce management, and time and attendance software for use in tracking, monitoring, and generating reports in fields of payroll, budget information, employee performance, time and attendance, employee scheduling, appointment setting, labor costs, and sales revenue
Automated systems, namely, recorded or downloadable computer software, computer hardware, and communications devices in the nature of bar code readers or electronic, chemical or environmental readers for monitoring, providing information on and tracking the condition of perishable goods for determining freshness, potency, sell-by dates, and use-by dates
Computer and network management operating software and hardware for use with payment devices, secure identification and control devices
Card printing machines
Computer and network management software and hardware for use with payment devices, secure identification and control devices.
The mark was filed in class 16 with following description of goods:
Thermal paper
Printable paper stock, namely, blank or partially printed labels, printing machine ribbons
Tags, namely, paper identification tags
Paper identification labels and bands in the form of bracelets processable through printers such as laser printers and used by healthcare professionals
Receipt paper
Plastic cards imprinted with numbers used to track use of the card
Laminated identification cards
Transfer film, namely, stickers and transfers in the form of printer ribbons.
The mark was filed in class 20 with following description of goods:
Plastic identification tags
Paper laminate identification wristbands for use in the healthcare industry
Plastic identification labels and bands in the form of bracelets processable through printers such as laser printers and used by healthcare professionals
Plastic printer labels
Non-metal identification bracelets for hospital purposes.
The mark was filed in class 42 with following description of goods:
Installation of computer software
Printer service plans
Non-downloadable software services, namely, providing temporary use of non-downloadable software for real-time location systems
Providing temporary use of non-downloadable software for use in management and operation of manufacturing and shipping container depots, logistics centers, rail terminals or airports
Mobile computer service plans
Consultation and design services relating to computers in the field of mobile ticketing
Technical consulting, design and integration services in the area of computers, radio frequency identification systems, industrial robots, scanners, and machine vision systems
Non-downloadable computer software that uses a natural language interface or barcode scan for product queries and recommendations, supporting the sales journey by looking up availability, price, and identifying opportunities for upsell and cross-sell of complementary products
Non-downloadable computer software that integrates with centralized task engines, auto-generates tasks from environmental sensing, and provides an intuitive interface for task management and completion notifications
Computer software development in the field of mobile point-of-sale transactions
Non-downloadable computer software that enables users to leverage a Zebra device to upload a shelf image to receive planogram insights and a consolidated action list for optimizing shelf conditions
Non-downloadable computer software that is trained on technical manuals to support technical queries on device configuration and troubleshooting
Custom design and development of computer hardware and computer software
Non-downloadable computer software that leverages large language models trained on an organization’s standard operating procedures to support learning and enablement
Computer services, namely, providing an interactive site featuring technology that allows communications, information download, software download, computer hardware and software support services, and sales support on a global computer network, accessible via computer, land-line and wireless communications devices
Software as a service (SaaS) featuring non-downloadable computer software services for transmitting, receiving, viewing, updating and managing data, inventory and material handling, store and retrieval, shipping and receiving, ordering, picking and cycle counting of merchandise, asset management and tracking, payment processing, personal identification collection and verification, speech recognition, dispatching and scheduling, general data collection and equipment maintenance.