The trademark application EVERYWHERE YOU GO was filed by MTN GROUP MANAGEMENT SERVICES (PROPRIETARY) LIMITED, a corporation established under the laws of the Republic of South Africa (the "Applicant"). Application refused.
The application was filed in English (French was selected as the second language).
The Refusal with reference B 018577427 was Rejected according to Article 7(1)(b) EUTMR with decision issued on July 20, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Data processing equipment, including calculating machines and computers
Computer software
Computer Chatbot software
Communication software for providing access to the Internet
Computer application software for mobile phones
Computer software for financial management and planning, account aggregation and budgeting
Electrical and electronic telecommunications and communications apparatus and instruments
Data communication apparatus and instruments, including portable electronic devices to access the Internet wirelessly
Apparatus for recording, transmission or reproduction of sound or images
Apparatus and instruments for the processing, transmission, storage, logging, reception and retrieval of data being in the form of encoded data, text, graphic images or video or a combination of these formats
Image processing apparatus, instruments and equipment
Telecommunications products, namely, computer control hardware for use in wireless communications systems
Routers
Modems
Magnetically encoded cards
Smart cards
Holograms
Media for storing information, data, images and sound
Blank and pre-recorded magnetic cards
Cards containing microprocessors
Integrated circuit cards
Electronic identification cards
Telephone cards
Telephone credit cards
Credit cards
Debit cards
Magnetic, digital and optical data carriers, recording and storage media (blank and pre-recorded)
Recording discs
Compact discs
DVDs and other digital recording media
Machine readable media
Digital video, and data (downloadable) provided from a computer database or the internet
Personal digital assistants
Satellite receiving and transmission apparatus and instruments
Apparatus for downloading audio, video and data from the internet
Television apparatus and instruments
Radio and television broadcasting transmitters and receivers
Apparatus for access to broadcast or transmitted programmes
Programmed-data-carrying electronic circuits
Electronic and satellite navigational and positional apparatus and instruments, including global positioning systems
Telephones
Mobile telephones
Cordless telephones
Telephone accessories, including, telephone cords and batteries
Electronic products, namely, digital photograph receivers
Telecommunication couplers
Telecommunication modular plugs
Transceivers
Wireless transceivers
Teleconferencing telephones
Telephone answering machines
Internet telephones
Wireless telephones
Earphones and antennae for cordless and wireless telephones
Communication apparatus and instruments for wireless internet access and online streamlining
Hands-free devices for car telephones and mobile telephones
In-car telephone handset cradles
Mobile phone cases
Parts and fittings included in class 09 for the aforementioned goods
Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments
Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity
Mechanisms for coin-operated apparatus
Fire-extinguishing apparatus.
The mark was filed in class 35 with following description of goods:
Advertising and promotion services
Loyalty card services
Organisation, operation and management of customer loyalty schemes
Organisation, operation and supervision of sales and promotional incentive schemes
Retail, wholesale, franchising and merchandising services
Offering for sale and the sale of goods in the retail and wholesale trade
The bringing together, for the benefit of others, of a variety of goods and services enabling customers to conveniently view and purchase those goods and services, including such services provided on-line from a computer database, the internet or other electronic networks
Provision of online platforms for the sale and purchase of goods and services
Arranging and conducting of exhibitions for business purposes
Business management
Business administration
Business research
Business strategy and planning services
Information and advisory services
Economic forecasting, marketing, market research, market analysis and survey services
Publication of information
Compilation of statistical information
Provision of trade information
Provision of directory services.
The mark was filed in class 38 with following description of goods:
Telecommunication services
Mobile, fixed, satellite, cellular, mobile and radio telecommunication services
Telecommunications services, including, mobile telephone services, voicemail, facsimile transmission and data transmission
Wireless communication services, including, wireless mobile telephone calling, electronic messaging and data transmission service plans
Messaging services, including, sending, receiving and forwarding messages in the form of text, audio, graphic images or video or a combination of these formats
Online messaging services
Unified messaging services
Computer aided transmission of messages and images
Video conferencing services
Video telephone services, teleconferencing services, voice over internet protocol (VOIP) services
Paging services
Telephone telecommunications services provided via prepaid telephone calling card
Providing prepaid minutes for use on mobile phones
Providing telephone communication and internet telephony services
Telephone and mobile telephone message collection and transmission, radio-paging, call diversion, answerphone and electronic mail services for others
Transmission, delivery and reception of sound, data and images
Personal numbering services
Hire, leasing and rental of telecommunications, telephonic and communications apparatus and instruments
Loan of replacement telecommunications and communications apparatus and instruments
Provision of internet access services
Telecommunications services for location and tracking of persons and objects
Tracking of mobile telephone via satellite signals
Provision of information relating to or identifying telecommunications and communications apparatus and instruments
Provision of wireless application protocol services, including those utilizing a secure communications channel
Broadcast or transmission of radio or television programmes
Providing telecommunications connections to computer databases, the internet or other electronic networks
Provision of wireless electronic transmission of credit and debit card transaction data and wireless electronic savings and payment data via a global computer network
Providing access to digital audio, video and data websites from a database, the internet, or other electronic network
Streaming of audio and video material on the internet
Telecommunication and communication database services, including enabling the consumer to download digital content from a network and server to an individual database
Providing access to telecommunications infrastructures for other operators
Providing and leasing access time to computer databases, computer bulletin boards, computer networks and interactive computer communications networks
Advisory, information and consultancy services relating to all the aforementioned.