The trademark MyLunchSpot was filed by MyLunchSpot GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on December 14, 2020, and received one opposition filed on March 11, 2021 by EUREST LUXEMBOURG S.A. on Likelihood of confusion. the opponent was represented by OFFICE FREYLINGER S.A. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 11, 2021
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Refusal with reference B 018221097 was partially rejected according to Article 7(1)(b) EUTMR with decision issued on September 22, 2020 by the EUIPO.
Goods And Services
The mark was filed in class 9 with Downloadable mobile coupons.
The mark was filed in class 35 with following description of goods:
Loyalty scheme services
Promoting the goods and services of others by arranging for sponsors to affiliate their goods and services with awards programs
Promoting the goods and services of others by distributing coupons
Organisation, operation and supervision of loyalty schemes and incentive schemes
Promotion, advertising and marketing of on-line websites
Promotional management of celebrities
Provision of space on web-sites for advertising goods and services
Marketing
Administration relating to marketing
Advertising, marketing and promotional services
Procurement of contracts for others relating to the sale of goods
Promoting the sale of the services [on behalf of others] by arranging advertisements
Promotional marketing
Advertisement for others on the Internet
Advertising services by means of television screen based text
Advertising relating to transport and delivery
Collection of information relating to advertising
Promotion of goods and services through sponsorship of sports events
On-line ordering services in the field of restaurant take-out and delivery
Digital marketing
Negotiation of contracts relating to the purchase and sale of goods
Advertising services relating to the sale of goods
Administration of consumer loyalty programs
Planning of marketing strategies
Promoting the goods and services of others through advertisements on Internet websites
On-line advertising and marketing services
Publicity and sales promotion services
Promoting the goods and services of others through discount card programs
Electronic billboard advertising
Advisory services and information in business organization and management
Promotion [advertising] of business
Marketing consulting
Dissemination of advertising for others via the Internet
Promoting the sale of goods and services of others through the distribution of printed material and promotional contests
Advertising in periodicals, brochures and newspapers
Marketing advice
Promoting the goods and services of others through the administration of sales and promotional incentive schemes involving trading stamps
Advisory services relating to business organisation and management
Business intermediary and advisory services in the field of selling products and rendering services
Business organisation advice
Preparation of marketing surveys
Advertising via electronic media and specifically the internet
Presentation of companies on the Internet and other media
Advertising of the services of other vendors, enabling customers to conveniently view and compare the services of those vendors
Mediation of agreements regarding the sale and purchase of goods
Promoting the goods and services of others by arranging for sponsors to affiliate their goods and services with sports competitions
Affiliate marketing
Advertising
Development of marketing strategies and concepts
Customer loyalty services for commercial, promotional and/or advertising purposes
Promotion of goods and services through sponsorship of sports events
Arranging of contracts, for others, for the providing of services
Mediation of contracts for purchase and sale of products
Advertising and marketing
Compilation of advertisements for use as web pages on the Internet
Analysis relating to marketing
Advertising services for the promotion of beverages
Advertising services for the promotion of e-commerce
Marketing advice
Market analysis services relating to the sale of goods
Provision of space on web-sites for advertising goods and services
Advertising services provided via the internet
Marketing services relating to esports events
Publicity columns preparation
Promoting the goods and services of others through the distribution of discount cards
Publicity and sales promotion services
Promotional marketing services using audiovisual media
Marketing services in the field of restaurants
Arranging of contracts for others for the buying and selling of goods
Sales management services
Business management and enterprise organization consultancy
Loyalty, incentive and bonus program services
Advertising
Assistance and consultancy relating to business management and organisation
Conducting of business appraisals
Advertising, including on-line advertising on a computer network
Promoting the goods and services of others by arranging for sponsors to affiliate their goods and services with sporting activities
Business promotion services provided by audio/visual means
Advertising particularly services for the promotion of goods
Advertising, marketing and promotional services
Benchmarking (evaluation of business organisation practices)
Online advertisements
Dissemination of advertising for others via an on-line communications network on the internet
Arranging of contracts for the purchase and sale of goods and services, for others
Consultancy services relating to advertising, publicity and marketing
Market campaigns
Provision of space on web-sites for advertising goods and services
Presentation of companies and their goods and services on the Internet
Consultations relating to business disposals
Business management consultancy
Advertising, including promotion of products and services of third parties through sponsoring arrangements and licence agreements relating to international sports' events
Advertising of the goods of other vendors, enabling customers to conveniently view and compare the goods of those vendors
Sales demonstration [for others]
Business promotion
Consultancy and advisory services in the field of business strategy
Advertisement via mobile phone networks
Administration of incentive award programs to promote the sale of the goods and services of others
Provision of an online marketplace for buyers and sellers of goods and services
Procurement of contracts for the purchase and sale of goods and services
Procuring of contracts for the purchase and sale of goods
Promoting the sale of goods and services of others through promotional events
Direct marketing
Advice relating to marketing management
Advertising the goods and services of online vendors via a searchable online guide
Promoting the goods and services of others by means of a loyalty rewards card scheme
Distribution of advertising, marketing and promotional material
Advertising by transmission of on-line publicity for third parties through electronic communications networks
Computerised business promotion.
The mark was filed in class 42 with Hosting electronic memory space on the Internet for advertising goods and services.
The mark was filed in class 43 with following description of goods: