CANCELLATION No 30 725 C (REVOCATION)

KID-Systeme GmbH, Lüneburger Schanze 30, 21614 Buxtehude, Germany (applicant), represented by Würtenbergerkunze, Maximiliansplatz 12b, 80333 München, Germany (professional representative)

a g a i n s t

Sky International AG, Stockerhof, Dreikönigstrasse 31a, 8002 Zurich, Switzerland (EUTM proprietor), represented by CMS Cameron McKenna Nabarro Olswang Posniak I Bejm Sp.K., Emilii Plater 53, 00-113 Warsaw, Poland (professional representative).

On 13/07/2020, the Cancellation Division takes the following

DECISION

1. The application for revocation is partially upheld.

2. The EUTM proprietor’s rights in respect of European Union trade mark No 10 725 621 are revoked as from 11/12/2018 for some of the contested goods and services, namely:

Class 9: Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; magnetic data carriers, recording discs; mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus; including data storage apparatus and instruments, software and data storage software, and software for video-conferencing, but excluding car batteries; radio, television, sound recording, sound reproducing, telecommunications and teaching apparatus and instruments; televisions; LCD and plasma screens; radios; portable wireless audio and/or audio visual devices; wireless keypads; masts [wireless aerials]; wireless POS (point of service) devices; satellite dishes; low noise blocks; satellite meters; telephones; mobile telephones; PDAs; telephone and radio modems; portable or hand-held computers; DVD players; computers; computer hardware; network termination equipment; computer software and computer programs for distribution to, and for use by, viewers of a digital television channel for the viewing and purchase of goods and services; computer games software and computer quiz software; computer programs for interactive games and/or quizzes; interactive video game devices comprised of computer hardware and software and accessories, namely software for operating game controllers; portable and/or hand-held electronic devices for receiving, playing and transmitting music, sounds, images, text, signals, information and code; electronic publications; video screens; video projectors; tapes, discs and wires, all being magnetic; cassettes and cartridges, all adapted for use with the aforesaid tapes; blank and pre-recorded audio and video cassettes, tapes and cartridges; compact discs; DVD discs; phonographic records; laser readable discs for recording sound or video; ROM cartridges, CD ROMs, cards and discs, integrated circuit cards, memory carriers, recording media, all pre-recorded with computer video games and/or quizzes; encoded cards; radio and television signal antennae; music, sounds, videos, images, text and information provided by a telecommunications network, by on-line delivery and by way of the Internet and/or the world-wide web or other communications network; interactive sound and/or audio recordings; music, video, sound and/or audio recordings (downloadable) provided from MP3 Internet websites; MP3 players, MP3 readers; portable audio and/or video file recorders and/or players; telephone ring tones (downloadable); smart cards; credit cards; loyalty cards; acoustic apparatus or instruments; adaptors; aerials; antennae; encoded or magnetic banking or credit cards; cinematographic film; cinematographic instruments and apparatus; data storage apparatus, equipment and instruments; film reproducing instruments and apparatus; hand held electrical telecommunications and/or communications and/or broadcast and/or transmission and/or decoding and/or image processing and/or audio visual instruments and apparatus; hand held electronic telecommunications and/or communications and/or broadcast and/or transmission and/or decoding and/or image processing and/or audio visual instruments and apparatus; mobile telephones; motion pictures; telephone apparatus and equipment; parts and fittings for all the aforesaid goods; sunglasses, leather cases for holding mobile phones; e-sell through products, namely downloadable media content, including video and films, television programmes, computer games, music, images and ring tones provided by internet, telephone line, cable, wireless transmission, satellite or terrestrial broadcast service; cases, containers, protective coverings and parts and fittings therefor, all for use with MP3 players, music storage devices, media storage devices and other consumer electronic devices; electrical, electronic and computer equipment for machinery for use in conservation, generation and efficient use of heat, light and water, including thermostatic controls, solar panels for electricity generation, photovoltaic devices, solar cells turbines and motion detectors; electrical and electronic equipment for use in the generation of solar power; electrical, electronic and computer equipment for use in the generation of alternative energy including wind power, hydroelectric power, tidal power, geothermal power, solar power, biomass, and biofuels; control and monitoring equipment for use in the generation of alternative energy including wind power, hydroelectric power, tidal power, geothermal power, solar power, biomass, and biofuels; automated control apparatus for local management of lighting, heating and water supplies; electronic publications (downloadable), including electronic publications, magazines and newsletters regarding environmental protection, energy conservation and ecology, animal welfare and renewable energy projects, including wind power, hydroelectric power, tidal power, geothermal power, solar power, biomass, and biofuels; apparatus and instruments for closed circuit television and surveillance systems; apparatus and instruments for personal security monitoring; apparatus and instruments for home security monitoring and control; home and personal security apparatus; home and personal security devices; home and personal security alarms; electronic protection equipment, including fire detecting and alarm equipment, intruder and burglar alarm equipment and motion detecting equipment; radio, telephonic, television and signalling apparatus and instruments, cameras, sound and video monitoring and recording and sound and video reproducing apparatus and instruments, all for control and telemetry purposes for the home and personal security; closed-circuit television systems (CCTV); monitors; cameras; optical lenses; camera casings; prepackaged cameras; infrared illuminators; videocassette recorders (VCRs); video monitoring apparatus; detectors; access control apparatus; readers; magnetic or encoded access control cards; monitoring apparatus; electronic panels for alarm management and monitoring; alarm panels; glass breakage detectors; smoke detectors; carbon monoxide detectors; digital audio servers; digital video servers; message programming equipment; radio paging equipment; electronic locking systems; life-saving apparatus and equipment; electric alarms; electronic devices for opening doors; electronic devices for protection; intruder alarms and anti-theft equipment; intruder detection apparatus; motion detecting equipment; electronic apparatus for controlling operation of machines; remote apparatus for controlling operation of machines; computer apparatus for controlling operation of machines; message programming devices; electronic locking apparatus; parts and fittings for all the aforesaid goods; communications platforms for enabling instantaneous, continuous, scheduled and perpetual synchronization of data between computers and hand-held or other devices, and vice versa; multimedia cards, memory cards, flash memory cards, memory chips, data storage media devices, plugs, plug-in cards, magnetic cards, SIM cards, telephone calling cards, headphones, headsets, portable and/or hand held electronic devices for receiving, storing, playing and transmitting data, voice, multimedia, audio, visual, music, photographs, drawings, images, audiovisual, video, text, graphics or other data; online dictionaries, encyclopaedias, and reference texts (downloadable); online publications, including newspapers, magazines (periodicals), comics, journals (publications), books, user manuals, instructional and teaching materials (downloadable); online posters, photographs, pictures, articles, vouchers and tickets (downloadable), online electronic dictionaries, encyclopaedias and reference texts; computer software for processing electronic payments and transferring funds to and from others; online conversion software and databases, including currency conversion and measurement conversion; computer software for the purpose of monitoring online communications and chat room conversations and alerting third parties to the contents; protective clothing for cycling; locks for bicycles; parts and fittings for all the aforesaid goods; satellite navigational system for bicycles; global positioning systems for use with bicycles; computers for use with bicycles; ergometers; computer apparatus for remote meter reading; bicycle meters; distance meters; power meters; speed meters; eyewear; sports eyewear; sun visors; protective eyewear; sunglasses; cases for eyewear; cases for sunglasses; frames for eyewear; lenses for eyewear; straps for sunglasses and eyewear; helmets; cyclists helmets; crash helmets; protective sports helmets; sports bags for protective helmets; sporting articles for protective purposes; protective gloves; visors; radios; communicators; aerials for radios; parts for radios; carrying cases for radios; electronic radio apparatus; mobile radios; mounting fittings for radios; radio receivers and transmitters; radio transceivers; radios for vehicles; solar powered radios; parts and fittings for all of the above (including parts and fittings for the below-listed goods in Class 9, for which the mark remains on register).

Class 16: Printed matter (except for magazines, publications, that remain on register, as worded below); bookbinding material; photographs; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers' type; printing blocks; newspapers; comics, journals (publications) and books; publications including strategy guides, user manuals and books all in the field of computer games, science fiction, games and entertainment; publications including magazines all in the field of computer games, science fiction and games; quiz books; shopping guides listing products for purchase; promotional literature relating to the promotion of goods for sale via digital television, the Internet or other telecommunication channels; instructional and teaching materials (other than apparatus); posters; postcards and greeting cards; calendars; diaries; cards and stickers for collecting and collating in albums; writing requisites; rulers; erasers; writing paper; writing sets; catalogues; vouchers, all for holidays and for travel to and from the destination; adhesive stickers; advertising material; advertisements; bags; credit cards; instructional manuals; newsletters; pens; pencils; writing instruments; pen and pencil holders; programme guides; user guides or manuals; including all the aforesaid made from recycled and/or unbleached materials and/or from organic matter.

Class 28: All the goods.

Class 35: Business management; business administration; office functions, including online storage of files, data, photographs, graphics, documents, videos, images, audio files, audio-visual files, visual files, computer files, computer applications and information for others, electronic data storage services for personal and business use, and services for the electronic storage and organization of files, images, music, audio, video, photos, drawings, audio-visual, text, documents and data, but excluding business relocation services; administration services for businesses; accounting services; customer relationship management; arranging and conducting of trade shows and exhibitions; arranging and conducting trade show exhibitions in the field of electronic, computer and video games for the computer and video game industry; compilation of business statistics and commercial information; marketing studies; monitoring and analysis of call information (office services); business planning, inspection, survey and appraisal services; receipt, storage and provision of computerised business information data; compilation of business statistics and commercial information, all relating to television, radio, satellite broadcasting and video games; magazine and newspaper subscriptions; the bringing together of a variety of service providers enabling customers to conveniently view and choose these services; the bringing together, of a variety of goods enabling customers to conveniently view and purchase those goods; the bringing together for the benefit of others, of a variety of retail stores and applications providers, and other services, enabling customers to conveniently view and choose those services and conveniently view and purchase those goods; all the aforesaid goods being bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, cleaning, bleaching and abrasive preparations and substances, all for laundry use, anti-perspirants, perfumes, non-medicated toilet preparations, cosmetic preparations, dentifrices, toilet articles, hair preparations, shampoos, soaps, essential oils, beauty products, toiletries, personal care products, cosmetics, perfumery, candles including all the aforesaid made from unbleached and/or organic and/or biodegradable ingredients, pharmaceutical and veterinary goods, industrial oils and greases, lubricants, fuels (including motor spirit) and illuminants, fuel additives and preparations for enhancing combustion of fuels, machine tools, motors and engines, turbines for power generation, control panels for turbines for power generation, machines for household use, building, home improvement and gardening goods, home decorating equipment, paints and varnishes, hand tools, scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, radio, television, sound recording, sound reproducing, signalling, checking (supervision) and teaching apparatus and instruments, televisions, LCD and plasma screens, home cinema systems, amplifiers, speakers, radios, games controllers, wireless gaming controllers, wireless keypads, set-top box apparatus including a decoder and an interactive viewing guide, set-top box apparatus including a decoder and a recorder for recording television and audio programmes, set-top box apparatus including a decoder and a recorder programmable to transfer stored recordings to storage and also to delete the older recordings, satellite dishes, low noise blocks, satellite meters, telephone and radio modems, network termination equipment, computer software and computer programs for distribution to, and for use by, viewers of a digital television channel for the viewing and purchase of goods and services, computer games software and computer quiz software, computer video games and/or quizzes adapted for use with television receivers and screens or with video monitors or with computer screens, computer programs for interactive television and for interactive games and/or quizzes, electronic apparatus adapted for use with television receivers in playing games, games consoles, interactive video game devices comprised of computer hardware and software and accessories, namely game consoles, game controllers and software for operating game controllers, virtual reality systems, home entertainment systems, multi-media equipment, electronic publications, computer games, computer video games, video screens, video projectors, tapes, discs and wires, all being magnetic, cassettes and cartridges, all adapted for use with the aforesaid tapes, blank and pre-recorded audio and video cassettes, tapes and cartridges, compact discs, phonographic records, laser readable discs for recording sound or video, ROM cartridges, CD ROMs, cards and discs, integrated circuit cards, memory carriers, recording media, all pre-recorded with computer video games and/or quizzes, encoded cards, radio and television signal antennae, telephone ring tones (downloadable), adaptors, aerials, antennae, amplifiers, amusement apparatus and instruments adapted for use with an external display screen or monitor, cinematographic film, cinematographic instruments and apparatus, data carriers, data storage, electrical telecommunications and/or communications and/or broadcast and/or transmission and/or decoding and/or image processing and/or audio visual instruments and apparatus, electronic telecommunications and/or communications and/or broadcast and/or transmission and/or decoding and/or image processing and/or audio visual instruments and apparatus, film reproducing instruments and apparatus, interactive educational or entertainment games for use with television receivers and video apparatus, motion pictures, parts and fittings for all the aforesaid goods, sunglasses, leather cases for holding mobile phones, e-sell through products, namely downloadable media content, including video and films, television programmes, computer games, music, images and ring tones provided by internet, telephone line, cable, wireless transmission, satellite or terrestrial broadcast service, cases, containers, protective coverings and parts and fittings therefor, all for use with MP3 players, music storage devices, media storage devices and other consumer electronic devices, electrical, electronic and computer equipment for machinery for use in conservation, generation and efficient use of heat, light and water, including thermostatic controls, solar panels for electricity generation, photovoltaic devices, solar cells, turbines and motion detectors, electrical, electronic and computer equipment for use in the generation of alternative energy including wind power, hydroelectric power, tidal power, geothermal power, solar power, biomass, and biofuels, control and monitoring equipment for use in the generation of alternative energy including wind power, hydroelectric power, tidal power, geothermal power, solar power, biomass, and biofuels, electronic publications (downloadable), including electronic publications, magazines and newsletters regarding environmental protection, energy conservation and ecology, animal welfare and renewable energy projects, including wind power, hydroelectric power, tidal power, geothermal power, solar power, biomass, and biofuels, apparatus and instruments for closed circuit television and surveillance systems, apparatus and instruments for personal security monitoring, apparatus and instruments for home security monitoring and control, home and personal security apparatus, home and personal security devices, home and personal security alarms, electronic protection equipment, including fire detecting and alarm equipment, intruder and burglar alarm equipment and motion detecting equipment, radio, telephonic, television and signalling apparatus and instruments, cameras, sound and video monitoring and recording and sound and video reproducing apparatus and instruments, all for control and telemetry purposes for the home and personal security, closed-circuit television systems (CCTV), monitors, cameras, optical lenses, camera casings, prepackaged cameras, infrared illuminators, videocassette recorders (VCRs), system controlling software, video monitoring apparatus, detectors, access control apparatus, readers, magnetic or encoded access control cards, monitoring apparatus, electronic panels for alarm management and monitoring, alarm panels, glass breakage detectors, smoke detectors, carbon monoxide detectors, digital audio recorders, digital video recorders, digital audio servers, digital video servers, electrical communication equipment, message programming equipment, radio paging equipment, electronic locking systems, life-saving apparatus and equipment, electric alarms, electronic devices for opening doors, electronic devices for protection, intruder alarms and anti-theft equipment, intruder detection apparatus, motion detecting equipment, electronic control apparatus, electronic apparatus for controlling operation of machines, remote apparatus for controlling operation of machines, computer apparatus for controlling operation of machines, electronic network equipment, electronic communication equipment, message programming devices, electronic locking apparatus, computer software, operating system software, devices, and hardware for synchronizing data, files, e-mails, contacts, calendars, task lists, text messages, photos, music, audio, visual, audio visual, video, text, graphics, programs and other information between computers and hand-held or other devices, and vice versa, communications platforms for enabling instantaneous, continuous, scheduled and perpetual synchronization of data between computers and hand-held or other devices, and vice versa, multimedia cards, memory cards, flash memory cards, memory chips, data storage media devices, plugs, plug-in cards, magnetic cards, SIM cards, telephone calling cards, portable and/or hand held electronic devices for receiving, storing, playing and transmitting data, voice, multimedia, audio, visual, music, photographs, drawings, images, audiovisual, video, text, graphics or other data, online dictionaries, encyclopaedias, and reference texts (downloadable), online publications, including newspapers, magazines (periodicals), comics, journals (publications), books, user manuals, instructional and teaching materials (downloadable), online posters, photographs, pictures, articles, online electronic dictionaries, encyclopaedias and reference texts, computer software for processing electronic payments and transferring funds to and from others, online and downloadable authentication software, online conversion software and databases, including currency conversion and measurement conversion, computer software for the purpose of monitoring online communications and chat room conversations and alerting third parties to the contents, computer software for monitoring the use of computers and the Internet by children, computer software relating to online protection and online security, spectacles, contact lenses, agricultural and horticultural goods, musical instruments, medical equipment, domestic electrical and electronic equipment including white goods, jewellery, clocks, watches, stationery, apparatus for controlling temperature including remote and computer apparatus and instruments, apparatus for controlling water supply, apparatus for controlling lighting including remote and computer apparatus and instruments, apparatus for energy efficient lighting, heating and water supply purposes, in particular, light bulbs, apparatus for water conservation and use minimization, automated control apparatus for local management of lighting, heating and water supplies, vehicles, apparatus for locomotion by land, air or water, vehicles adapted for use with renewable energy sources including wind power, hydroelectric power, tidal power, geothermal power, solar power, biomass, and biofuels, paper, paper articles, cardboard and cardboard articles, printed matter, publications, newspapers, magazines (periodicals), comics, journals (publications) and books, publications including strategy guides, user manuals, books and magazines all in the field of computer games, science fiction, games and entertainment, quiz books, shopping guides listing products for purchase, promotional literature relating to the promotion of goods for sale via digital television, the Internet or other telecommunication channels, photographs, instructional and teaching materials (other than apparatus), posters, postcards and greeting cards, calendars, diaries, cards and stickers for collecting and collating in albums, all writing requisites, rulers, erasers, writing paper, writing sets, catalogues for holidays and for travel to and from the destination, adhesive stickers, advertising material, advertisements, bags, credit cards, instructional manuals, newsletters, pens, pencils, writing instruments, pen and pencil holders, programme guides, stationery, user guides or manuals, paper, cardboard and goods made from these materials, printed matter, bookbinding material, photographs, stationery, adhesives for stationery or household purposes, artists' materials, plastic materials for packaging, publications, magazines, including all the aforesaid made from recycled and/or unbleached materials and/or from organic matter, insulation materials, in particular, for the conservation of heat within residential and commercial buildings, leather and imitations of leather, and goods made of these materials and not included in other classes, animal skins, hides, trunks and travelling bags, umbrellas, parasols and walking sticks, whips, harness and saddlery, handbags, backpacks, school bags, beach bags, travelling bags, suitcases, trunks, haversacks, bags for campers, fur-skins, collars for animals, covers for animals, boxes of leather or leather board, attaché cases, pocket wallets, school satchels and briefcases, key cases (leatherwear) attaché cases, backpacks, beach bags, briefcases, canes, card cases, key cases, leather shoulder belts, net bags, parasols, pocket wallets, purses, pouches, rucksacks, school bags, school satchels, sling bags, shopping bags, suitcases, garment bags, tote bags, travelling trunks, valises, vanity cases, umbrella covers, and wallets, clothing, footwear, headgear, underclothing, clothing for men, women, children and infants, jeans, slacks, trousers, skirts, shorts, wraps, jerseys, sweaters, waistcoats, dresses, jumpers, sleepwear, robes, warm-up suits, rainwear, sweaters, scarves, hats, caps, mittens, snow suits, belts, smocks, swimwear, playsuits, bibs, stockings, socks, waterproof clothing, underwear, footwear for men, women, children, and infants shoes, sneakers, sandals, slippers, boots, headgear for men, women, children, and infants hats, headbands, earmuffs, caps, sweaters, dress shirts, blouses, jackets, ties, suits, bathing suits, belts, skirts, dresses, coats, hats, caps, tuxedos, pants, vests, hosiery, scarves, pyjamas, underwear, kilts, mufflers, shawls, footwear, shoes, boots, slippers, and athletic shoes, blazers, headbands, wristbands, coveralls, overalls, sweat pants, and sleepwear, hair accessories, lighting, kitchenware, glassware, china, porcelain, ornaments, furniture, kitchens, sanitary ware, art, paintings, posters, postcards, prints, photographs, household containers and utensils, crockery, cutlery, furnishings, carpets, textiles, table linen, bed linen, haberdashery, sewing machines and equipment, toys, games and playthings, electronic games, hand-held devices for playing electronic, computer or video games, video games apparatus, playing cards, card games, sporting articles, games involving gambling, amusement machines, amusement apparatus and instruments, interactive educational or entertainment games, playing cards, sports equipment, fitness equipment, camping equipment, pets goods, food and drink, apparatus for use in relaxation, motor vehicles and their parts, protective clothing for cycling, locks for bicycles, lights for bicycles, cycling shoes, cycling clothing, cycling headwear including helmets, protective clothing for cycling, cycling products, including but not limited to bicycles, bicycle parts, helmets and water bottles, mudguards, bicycle seats, repair kits for cycling, including puncture repair kits, Satellite navigational system for bicycles, global positioning systems for use with bicycles, computers for use with bicycles, ergometers, computer apparatus for remote meter reading, bicycle meters, distance meters, power meters, speed meters, eyewear, sports eyewear, sun visors, protective eyewear, sunglasses, cases for eyewear, cases for sunglasses, frames for eyewear, lenses for eyewear, straps for sunglasses and eyewear, helmets, cyclists helmets, crash helmets, protective sports helmets, sports bags for protective helmets, sporting articles for protective purposes, visors, radios, communicators, aerials for radios, parts for radios, carrying cases for radios, electronic radio apparatus, mobile radios, mounting fittings for radios, radio receivers and transmitters, radio transceivers, radios for vehicles, solar powered radios, parts and fittings for all of the above, heart monitors, heart monitors to be worn during exercise, parts and fittings for all of the above, bicycle lights, parts and fittings therefor, bicycles, track bicycles, velodrome bicycles, mountain bicycles, racing bicycles, cross country bicycles, cyclo-cross bicycles, bmx bicycles, indoor bicycles, all terrain bicycles, parts fittings and accessories for all the aforementioned goods, bicycle frames, handlebars and handlebar stems for bicycles, handlebar tape, handlebar grips, saddles, saddle posts, bicycle seat posts, bicycle rims, bicycle gears, group sets of gears, chains for bicycles, bicycle bells, baskets for bicycles, brakes for bicycles, spokes for bicycles, dress guards for bicycles, pedals for bicycles, bicycle pumps, wheels and tyres for bicycles, inner tubes for bicycles, mudguards for bicycles, bicycle stands (supports), bicycle bags, bicycle stabilisers, luggage bags for bicycles, panniers for bicycles, bicycle carriers and racks, auxiliary child seats for bicycles and parts and fittings therefor, covers for bicycles and bicycle saddles, direction indicators and signals for bicycles, fittings for bicycles for carrying beverages and food, bidons, bottle cages for bicycles, fittings for bicycles for carrying luggage and panniers, puncture repair outfits and kits for bicycle tyres, toe straps and toe clips for use on bicycles, twist grips for bicycles, trailers for use with bicycles, roof racks, roof racks for vehicles, roof rack and storage containers for land vehicles, cranks for bicycles, power meters for bicycles, parts and fittings for all of the above, horological and chronometric instruments, watches, clocks, bands for watches, bracelets for watches, straps for watches of any material, cases for watches and clocks, watch chains, clock and watch hands, dials for watches, faces for watches, electric watches, mechanical and automatic watches, movements for watches and clocks, parts for clocks and watches, pendant watches, sports watches, watch and clock springs, watch clasps, watches for outdoor use, watches for sporting use, watches incorporating a memory function, time keeping devices, stop watches parts and fittings for all of the above, sportswear, sports clothing, sports footwear, sports headwear, caps, hats, sports uniforms, sun visors, parts and fittings for all of the above, rollers for bicycles, trainers for bicycles, turbo trainers for bicycles, rollers for stationary bicycles, computer controlled exercise apparatus, parts and fittings for all of the above, meat, fish, poultry and game, preserved, frozen, dried and cooked fruits and vegetables, jellies, jams, compotes, eggs, milk and milk products, edible oils and edible fats, dairy products, butter, margarine and other butter substitutes, preserves, pickles, edible nuts and seeds and products prepared there from, shellfish, snacks, prepared meals and prepared dishes, soups, gravy and preparations for making gravy or soup, products made from any of the aforesaid goods, coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee, flour and preparations made from cereals of from flour, bread, pastry and confectionery, ices, honey, treacle, yeast, baking powder, salt, mustard, pepper, vinegar, sauces (condiments), ice, spices, biscuits (other than biscuits for animals), cakes, pasta, pasta products and pastry products, chocolate, chocolates non-medicated confectionery, ice-cream, water ices and frozen confections, coffee substitutes, coffee essences and coffee extracts, beverages and preparations therefor, puddings, desserts, prepared meals and prepared snacks and fillings, products made from any of the aforesaid goods, fresh fruit and fresh vegetables, shellfish, beers, mineral and aerated waters and other non-alcoholic drinks, fruit drinks and fruit juices, syrups and other preparations for making beverages, alcoholic beverages other than beer, energy drinks, enabling customers to conveniently view and purchase those goods including via an Internet website, an interactive television shopping channel, a digital television shopping channel, an Internet walled garden or by means of interactive television and/or telecommunications (including voice, telephony and/or transfer of digital information or data) and/or interactive digital media or global communications network; advertising and promotional services in relation to lifestyle, ecological and environmental issues; business management and conducting of renewable energy projects, including wind power, hydroelectric power, tidal power, geothermal power, solar power, biomass, and biofuels and projects in connection with other renewable energy sources; collection and processing of operational data in connection with renewable energy projects, including wind power, hydroelectric power, tidal power, geothermal power, solar power, biomass, and biofuels, including compilation of statistics relating to operation and production; electronic and online storage service; electronic and online retrieval of data, files, e-mails, contacts, calendars, task lists, text messages, photos, music, audio, visual, audio visual, video, text, graphics, programs and other data or information; data storage services (other than physical storage), computerised data storage services; online auction services; provision of an online database of advertisements including personal advertisements, employment and placement opportunities advertisements and real estate advertisements; provision of online price comparison services; provision of online word processing, spreadsheet, calendar, presentation and database management services; provision of virtual online office support staff services; on-line ordering/purchase of gift items; online posting of loyalty rewards information; information and advisory services relating to all the aforesaid services; provision of business information and advice; provision of online reward and incentive programs relating to fitness tracking, health tracking, personal tracking, lifestyle tracking and emotional tracking; information relating to all the aforementioned services provided on-line from a computer database or via a helpline or the Internet.

Class 36: Insurance; financial affairs; monetary affairs; real estate affairs; provision of insurance; insurance consultancy; financial services; financial management; financial and banking services; financial information; financial services provided via the Internet; asset and fund management; financial, credit, debit, pre-payment, e-cash, cash management, loan and finance services; financial services relating to betting, gaming, gambling, lotteries or book-making; credit services; credit card services; provision of financial information relating to betting, gaming, gambling, lotteries or book-making services; vouchers for holidays and for travel to and from the destination; provision of vouchers; real estate services; real estate investment; real estate brokerage services; real estate agency services; real estate financing; real estate management; real estate administration; real estate leasing; real estate appraisals and valuations; real estate acquisition and sales; information, advice and consultancy services relating to real estate; provision of online financial services comparisons; provision of online insurance services, insurance quotations and insurance quotation comparisons; provision of online credit reports; provision of online fraud protection services; provision of financial services online enabling donations to be made to charity; online clearing and reconciling of financial transactions; online processing and transmission of bills and payments; issuing of vouchers; information, advice and assistance relating to all the aforesaid services provided on-line from a computer database or via a helpline or the Internet.

Class 38: Transmission of audio, video and/or audio visual programming (by any means); transmission of video films; transmission of audio, video and/or audio visual programming by Internet protocol (IPTV); transmission of text, messages, sound and/or pictures; personal numbering services; loan of replacement telecommunications and communications apparatus and instruments in case of breakdown, loss or theft; instant messaging; short message services (SMS); multimedia messaging services (MMS); unified messaging services; hire, leasing or rental of apparatus, instruments, installations or components for use in the provision of the aforementioned services; hiring, rental and leasing of communications apparatus; telecommunications services dedicated to retailing goods and services through interactive communications with customers; telecommunication and/or communication and/or broadcast and/or transmission of audio and/or visual material and material from pre-recorded video tapes: rental, leasing or hire of communications equipment; message sending; rental of wireless communications systems; online instant messaging; peer to peer services; provision of interactive polling services being telecommunications and/or communications and/or broadcasting services; advising or providing information in relation to the foregoing; information relating to all the aforementioned services provided on-line from a computer database or via a helpline or the Internet.

Class 41: Providing on-line electronic publications (not downloadable); publication of books, texts and printed matter; publication of electronic books or journals on-line; provision of electronic publications; online dictionaries, encyclopaedias, and reference texts; provision of online publications, including newspapers, comics, journals (publications), books, user manuals, instructional and teaching materials; online posters, photographs, pictures, articles; provision of recording studio facilities; hire of recording studios; box office services; production and presentation of programmes transmitted by television, the Internet or other telecommunication channels for the conduct of the interactive viewing, selection and purchase of goods; production, presentation and distribution of radio and television programmes, interactive television, interactive games, interactive entertainment and interactive competitions; production, presentation and provision of competitions, contests, games, quizzes, studio entertainment and audience participation events; interactive television programme selection services for viewers; viewing guide services; viewing guide services facilitating the recordal and fixed term rental of programmes and movies; video taping and filming services; information and advisory services relating to the aforesaid services; arranging conferences, seminars, symposiums or workshops; arranging exhibitions or festivals; booking agency services; exhibition of radio programmes, television programmes, films, motion pictures, pre-recorded video tapes, audio and/or visual material, pre-recorded video cassettes, DVDs or pre-recorded video discs for entertainment, educational, sporting or cultural purposes; amusement park services with a theme of films, radio or television productions; organisation and management of amusement parks and theme parks; publication of printed media and recordings; dubbing; video tape editing; rental of audio equipment; rental of lighting apparatus for theatrical sets or television studios; rental of motion pictures; rental of movie projectors and accessories; rental of radio equipment; rental of televisions and television equipment; rental of sports equipment; rental of video cameras; rental of video tapes; rental of video recorders; theatre productions; movie studio services; organising or hosting awards ceremonies; presentation of films; production of special effects for films; reservation services (included in this class) for sporting, scientific, political and cultural events; production of artwork for animated films; education and providing of training in connection with environmental protection, energy conservation and ecology and animal welfare; education and providing of training in connection with alternative energy sources, including wind power, hydroelectric power, tidal power, geothermal power, solar power, biomass, and biofuels; publication of instructional material and promotional material relating to environmental protection, energy conservation and ecology and animal welfare; arranging and conducting of seminars and workshops (training); establishing training programmes and training manuals; organising and conducting safety courses and educational courses; online provision of information and general encyclopaedic knowledge relating to entertainment, education, training, sports, culture, news, current affairs, satellite, television and radio programmes, music, films, books and other printed matter, video games, computer games, amusement machines, amusement centres or amusement parks; online translation services; online library services including the lending and exchanging of books and other publications and photographs; provision of online classes, seminars, workshops, exhibitions and displays; leasing, booking and providing of diving equipment; organization of sports and holiday camps; provision of telephone ring tones; leasing, rental and hiring of data rooms; high-definition studios, edit suites, voice-over studios and audio suites; consultancy, information and advisory services relating to all the aforesaid services; advising or providing information in relation to the foregoing; provision of online fitness tracking; information relating to all the aforementioned services provided on-line from a computer database or via a helpline or the Internet.

Class 42: Scientific and technological services and research and design relating thereto; industrial analysis and research service ...Show mores; design and development of computer hardware and software, including online technical storage facilities, online technical back-up services and online technical back-up facilities, software as a service [saas] services, and electronic hosting of files, data, photographs, graphics, documents, videos, images, audio files, audio-visual files, visual files, computer files, computer applications, information for others and video-conferencing services, but excluding the performance of chemical analyses; design, drawing and commissioned writing all for the compilation of web pages on the Internet; hosting websites; creating and maintaining websites; computer services relating to entertainment, education, retrieval of information and data via telephone line, cable, wire or fibre, database or computer network; computer services for retrieving information, messages, text sound, images and data via a computer network, computer services for relating to radio and television programmes, computer services; maintenance and repair of interactive video game devices comprised of computer software and accessories, namely software for operating game controllers; computer services, namely the organisation of an infrastructure to enable television subscribers to access internet services via the television; advice relating to the development of computer systems; design of computer hardware; design services; designing electrical or electronic systems; design services for artwork for animated films; monitoring and analysis of call information; computer programming services; internet walled garden services; operation of search engines; testing, research, assessing, consultancy, advising or providing information in relation to the foregoing; computer services for on-line shopping; computer services relating to the processing of orders and payments; providing information and advice with regard to environmental protection, energy conservation and alternative energy sources, ecology as well as conducting research and drawing up expert reports in the aforementioned fields; research and development of durable use of nature and the environment; technical assistance concerning environmental protection, energy conservation and alternative energy sources, ecology and animal welfare and effecting such projects; development and testing for renewable energy sources including wind power, hydroelectric power, tidal power, geothermal power, solar power, biomass, and biofuels, and components therefor; effecting research projects concerning environmental protection, energy conservation and alternative energy sources, ecology and animal welfare; provision of software updates electronically; weather forecasting online; provision of online mapping; provision of customised webpages containing user defined information, search engines and links to other websites; online scanning, detecting, quarantining and eliminating of viruses, worms, trojans, spyware, malware and unauthorised data and programs on computers and electronic devices; online hosting services allowing users to publicise and share data online; provision of interactive calendars from a computer database or over the internet; online provision of information and general encyclopaedic knowledge relating to computer security, online security, environmental protection, energy conservation, ecology, alternative energy sources, including wind power, hydroelectric power, tidal power, geothermal power, solar power, biomass, and biofuel; provision of remote back-up services for computer data including services provided over a global communications network; consultancy, information and advisory services relating to all the aforesaid services; synchronization of programs, data, files, e-mails, contacts, calendars, task lists, text messages, photos, music, audio, visual, audio visual, video, text, graphics, programs and other information via telecommunications and global communications networks; data synchronization over telecommunications, communications and computer networks; digital imaging services; weather forecasting; information relating to all the aforementioned services provided on-line from a computer database or via a helpline or the Internet.

Class 45: Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals; provision of horoscopes; real estate licensing; lobbying for political purposes, including political pressure concerning environmental protection, energy conservation and alternative energy sources, ecology and animal welfare; provision of home and personal monitoring and security alarm services; anti-theft and break-in alarm services; fire alarm and protection services; security assessment relating to the security of persons and domestic properties; computerised security services for persons and domestic properties; monitoring of personal security systems and security control apparatus; advisory services relating to security; rental of security apparatus; rental of security surveillance apparatus; electrical protection services for central offices; services for monitoring discharge systems and waterflow alarms; security and fire system monitoring services; site monitoring with regard to fire and security; security services with regard to protection against fires and break-ins; online provision of information and general encyclopaedic knowledge relating to security, security systems, personal security, business security, household security; online dating, friendship, introduction and social networking services; provision of horoscopes online; provision of online fraud protection services; personal and social services rendered by others to meet the needs of individuals, namely provision of online personal tracking, provision of online lifestyle tracking, provision of online emotional tracking; legal assistance concerning environmental protection, energy conservation and alternative energy sources, ecology and animal welfare and effecting such projects; information and advisory services relating thereto; information relating to all the aforementioned services provided on-line from a computer database or via a helpline or the Internet.

3. The European Union trade mark remains registered for all the remaining goods and services in Classes 9, 16, 35, 36, 38, 41, 42 and 45, namely:

Class 9: Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; apparatus for recording television programmes; apparatus for reproduction or reception of sound, images or audio visual content; electrical and electronic apparatus for use in the reception of satellite, terrestrial or cable broadcasts; home cinema systems; amplifiers; speakers; wireless audio and/or audio visual devices; remote controls; antennas and amplifiers for wireless communication apparatus; two-way wireless communication systems; wireless communications apparatus and instruments; wireless transmission apparatus; wireless receiving apparatus; computer software for wireless content delivery; television receivers including a decoder; set-top boxes; digital set-top boxes; high definition set -top boxes; personal video recorder; set-top boxes for use in decoding and reception of satellite, terrestrial and cable broadcasts; apparatus for decoding encoded signals including set -top boxes for television reception; set -top box apparatus including a decoder and an interactive viewing guide; set -top box apparatus including a decoder and a recorder for recording television and audio programmes; set -top box apparatus including a decoder and a recorder programmable to transfer stored recordings to storage and also to delete the older recordings; computer software to enable searching of data; encoded programs for computers and for data processing and telecommunications; television receivers including a decoder; set-top boxes for use in decoding and reception of satellite, terrestrial cable and digital subscriber line (DSL), Internet or other electronic broadcasts; apparatus for decoding encoded signals; recorded television and radio programmes; recorded programmes for broadcasting or other transmission on television, radio, mobile telephones, PDAs and on PCs; video recordings; multimedia apparatus and instruments; computer hardware, apparatus and instruments all for transmitting, displaying, receiving, storing and searching electronic information; computer programs; computer software; computer software and telecommunications apparatus to enable connection to databases and the Internet; computer software supplied from the Internet; wired and/or wireless computer network routers, modems, firewalls and/or bridges; computer programs for interactive television; audio and/or video file recorders and/or players; apparatus and instruments for the reception of radio and television broadcasts including the reception of cable, satellite and digital broadcasts; amplifiers; communication apparatus and instruments; data carriers; electrical telecommunications and/or communications and/or broadcast and/or transmission and/or decoding and/or image processing and/or audio visual instruments and apparatus; electronic telecommunications and/or communications and/or broadcast and/or transmission and/or decoding and/or image processing and/or audio visual instruments and apparatus; system controlling software; digital audio recorders; digital video recorders; electrical communication equipment; electronic control apparatus; electronic network equipment; electronic communication equipment; computer software, operating system software, devices, and hardware for transmitting, receiving, synchronizing, displaying, backing-up, monitoring, controlling, sharing, coding, decoding, encrypting, accessing, remotely accessing, creating, collecting, storing, securing, removing, transferring, disseminating, locating, organizing or otherwise utilizing data, voice, multimedia, audio, visual, music, photographs, drawings, images, audiovisual, video, text, graphics or other data, including over a global communications network; computer software, operating system software, devices, and hardware for synchronizing data, files, e-mails, contacts, calendars, task lists, text messages, photos, music, audio, visual, audio visual, video, text, graphics, programs and other information between computers and hand-held or other devices, and vice versa; online and downloadable authentication software; computer software for monitoring the use of computers and the Internet by children; computer software relating to online protection and online security.

Class 16: Printed matter, namely magazines; publications, magazines (periodicals) but excluding printed magazines distributed in-flight to airline travellers in connection with airline services and not being predominantly a television or cinema listings; publications including magazines, all in the field of entertainment.

Class 35: Advertising; promotional services; organisation, operation and supervision of sales and promotional incentive schemes; provision of product information and advice to prospective purchasers of home entertainment equipment, multi-media apparatus and instruments, television and radio equipment, audio visual equipment, set-top boxes, personal video recorders, video recorders, computer games software, hardware and peripheral devices; rental of advertising space; television advertising commercials; preparation and presentation of audio visual displays for advertising purposes; dissemination of advertising matter; advertisement and promotion of television services; loyalty card services; marketing of radio programmes, television programmes, films, motion pictures, pre-recorded video tapes, audio and/or visual material, pre-recorded video cassettes, DVDs or pre-recorded video discs; the bringing together for the benefit of others, of a variety of retail stores and applications providers, and other services, enabling customers to conveniently view and choose those services and conveniently view and purchase those goods; all the aforesaid goods being telecommunications apparatus and instruments, apparatus for recording television programmes, apparatus for recording, transmission, reproduction or reception of sound, images or audio visual content, electrical and electronic apparatus for use in the reception of satellite, terrestrial or cable broadcasts, wireless audio and/or audio visual devices, portable wireless audio and/or audio visual devices, remote controls, television receivers including a decoder, set-top boxes, digital set-top boxes, high definition set- top boxes, personal video recorder, set-top boxes for use in decoding and reception of satellite, terrestrial and cable broadcasts, apparatus for decoding encoded signals including set-top boxes for television reception, computer software to enable searching of data, encoded programs for computers and for data processing and telecommunications, telephones, mobile telephones, PDAs, television receivers including a decoder, set-top boxes for use in decoding and reception of satellite, terrestrial cable and digital subscriber line (DSL), Internet or other electronic broadcasts, apparatus for decoding encoded signals, recorded television and radio programmes, recorded programmes for broadcasting or other transmission on television, radio, mobile telephones, PDAs and on PCs, video recordings, multimedia apparatus and instruments, portable or hand-held computers, DVD players, computers, computer hardware and peripheral devices, computer hardware, apparatus and instruments all for transmitting, displaying, receiving, storing and searching electronic information, computer programs, electronic computer games, electronic interactive computer games, computer software, computer software and telecommunications apparatus to enable connection to databases and the Internet, computer software supplied from the Internet, wired and/or wireless computer network routers, modems, firewalls and/or bridges, portable and/or hand-held electronic devices for interactive computer and video games, portable and/or hand-held electronic devices for receiving, playing and transmitting music, sounds, images, text, signals, information and code, Portable Wireless Audio Devices, audio visual equipment, video and television equipment, DVD discs, music, sounds, videos, images, text and information provided by a telecommunications network, by on-line delivery and by way of the Internet and/or the world-wide web or other communications network, interactive sound and/or audio recordings, music, video, sound and/or audio recordings (downloadable) provided from MP3 Internet websites, MP3 players, MP3 readers, audio and/or video file recorders and/or players, portable audio and/or video file recorders and/or players, personal video recorders, apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity, apparatus and instruments for the reception of radio and television broadcasts including the reception of cable, satellite and digital broadcasts, smart cards, acoustic apparatus or instruments, communication apparatus and instruments, hand held electrical telecommunications and/or communications and/or broadcast and/or transmission and/or decoding and/or image processing and/or audio visual instruments and apparatus, hand held electronic telecommunications and/or communications and/or broadcast and/or transmission and/or decoding and/or image processing and/or audio visual instruments and apparatus, mobile telephones, telephone apparatus and equipment, computer software, operating system software, devices, and hardware for transmitting, receiving, synchronizing, displaying, backing-up, monitoring, controlling, sharing, coding, decoding, encrypting, accessing, remotely accessing, creating, collecting, storing, securing, removing, transferring, disseminating, locating, organizing or otherwise utilizing data, voice, multimedia, audio, visual, music, photographs, drawings, images, audiovisual, video, text, graphics or other data, including over a global communications network, headphones, headsets, enabling customers to conveniently view and purchase those goods including via an Internet website, an interactive television shopping channel, a digital television shopping channel, an Internet walled garden or by means of interactive television and/or telecommunications (including voice, telephony and/or transfer of digital information or data) and/or interactive digital media or global communications network; business customer information and consultancy services for promotional, advertising and marketing purposes in relation to broadcast reception apparatus and instruments and parts and fittings therefor including cable, satellite and terrestrial, analogue or digital reception; provision of online reward and incentive programs; information relating to all the aforementioned services provided on-line from a computer database or via a helpline or the Internet.

Class 36: Provision of warranties and extended warranties and associated assistance; provision of warranties, extended warranties and associated assistance; provision of warranties and extended warranties in relation to broadcast and/or telecommunications and/or communications reception apparatus and instruments and parts and fittings therefor including cable, satellite, terrestrial, analogue or digital reception equipment; financial sponsorship; information, advice and assistance relating to all the aforesaid services provided on-line from a computer database or via a helpline or the Internet.

Class 38: Telecommunications including video-conferencing services and sharing of files, images, music, video, photos, drawings, audio-visual, text, documents and data; but excluding telegraph communications services; mobile and fixed telecommunications services; communications services; satellite, cellular and radio communication services; television and radio broadcasting; transmission and communication services; broadcasting and/or transmission of radio and/or television programmes and/or films; satellite, DTT, cable, DSL and broadband broadcasting and/or transmission of audio and/or audio visual programming; broadcasting and transmission of television programmes and films to personal computers; broadcasting and communications by means of or aided by computer; telecommunications services over the Internet including but not limited to services provided using voice over Internet protocol (VOIP); provision of access and/or connectivity to broadband networks whether fixed, portable or wireless; telecommunication and/or communication and/or broadcast and/or transmission of audio visual content; communication of information (including web pages), data by radio, telecommunications and by satellite; online managing and filtering of electronic communications; telephone, mobile telephone, message collection and transmission, radio-paging, call diversion, answerphone and directory enquiry services; television screen based information broadcasting and retrieval services; computer aided transmission of messages and images; messaging services namely, sending, receiving and forwarding messages in the form of text, audio, graphic images or video or a combination of these formats; voicemail services; video conferencing services; video telephone services; providing access to telecommunications infrastructures for other operators; provision of access to electronic conferencing, discussion groups and chat rooms; provision of chat rooms; advisory, information and consultancy services relating to all the aforementioned; communications services by satellite, television and/or radio; news agency services; provision of access to news, current affairs and sports information; electronic mail services; telecommunication services relating to the Internet; telecommunication of information (including web pages); provision of location based services for telecommunications and communications apparatus and instruments; provision of wireless application protocol services including those utilising a secure communications channel; provision of information relating to or identifying telecommunications and communications apparatus and instruments; provision of telecommunications links to computer databases and websites on the Internet; interactive television services being telecommunications and/or communications and/or broadcasting and/or transmission services; interactive services for television viewers including those watching on mobile telephones, tablet computers and PCs being telecommunications and/or communications and/or broadcasting and/or transmission services; television broadcasting services incorporating interactive services for viewing guides and intelligent automated selection for programme recordal; interactive services for television viewers facilitating the recordal of programmes automatically initiated on the basis of customer viewing habits/preferences being telecommunications and/or communications and/or broadcasting and/or transmission services; providing interactive television viewers (including those watching on their mobile telephones or PCs) with access to information, data, graphics, audio and/or audio-visual content from a restricted group of Internet websites or portals; broadcasting and transmission of interactive television, interactive games, interactive news, interactive sport, interactive entertainment and interactive competitions; video on demand and near on demand telecommunication and/or communication and/or broadcast and/or transmission services; streaming delivery of video on demand streams to viewers; providing access to movies, videos and television programmes to viewers on demand and near on demand; professional consultancy services relating to broadcasting; providing access to a database storing information relating to a variety of goods and services; enabling access to the Internet; provision of a connection between websites and television viewers via an interactive television portal; internet portal services; web portal services; provision of broadband services; interactive television portal services providing access to Internet websites for television viewers via their television receiving equipment including digital television receiving equipment; providing access to Internet websites to mobile telephone users; professional consultancy and information and advisory services relating to all the aforesaid services; leasing access time to an information database; telecommunications information; factual information services relating to television broadcasting; audio visual communication services; data communication services; data broadcasting services; delivery of messages; telecommunication and/or communication and/or broadcast and/or transmission of radio programmes, television programmes, films and motion pictures; transmission of radio programmes, television programmes, films, motion pictures, pre-recorded video tapes, audio and/or visual material, pre-recorded video cassettes, DVDs or pre-recorded video discs; telephonic or telephone communications services; wireless communication services; providing multiple user wireless access to the internet; wireless broadcasting; e-sell through services, namely delivery by telecommunication of media content, including video and films, television programmes, computer games, music, images and ring tones provided by internet, telephone line, cable, wireless transmission, satellite or terrestrial broadcast service; organisation of call information; monitoring and analysis of call information; call screening services; call alerting services; computer services for accessing a communications or computer network; computer services for accessing entertainment, education, information and data via telephone line, cable, wire or fibre, database or computer network; computer services for accessing and retrieving information, messages, text, sound, images and data via a computer or computer network; computer services for accessing and retrieving radio and television programmes; consultancy, transfer and transmission of programs, data, files, e-mails, contacts, calendars, task lists, text messages, photos, music, audio, visual, audio visual, video, text, graphics, programs and other information via telecommunications and global communications networks; remote data access services; e-mail, email notification and alert services; provision of online conferencing, discussion groups, message boards and chat rooms; internet portal services; web portal services; online video on demand or near on demand telecommunication and/or communication and/or broadcast and/or transmission services; online telecommunications services to enable the accessing and retrieving of data, files, e-mails, contacts, calendars, task lists, text messages, photos, music, audio, visual, audio visual, video, text, graphics, programs and other information via a computer or computer network or electronic device including services provided over a global communications network; online telecommunications services relating to webcasting and podcasting including services provided over a global communications network; advising or providing information in relation to the foregoing; information relating to all the aforementioned services provided on-line from a computer database or via a helpline or the Internet.

Class 41: Education providing of training; entertainment; sporting and cultural activities; provision and production of audio visu ...Show moreal content relating to entertainment, education, training, sport and culture; education and entertainment services by means of radio, television, telephony, the Internet and on-line databases; hiring, rental and leasing of cine-films, videos, DVDs, sound recordings, sound recording apparatus, sports apparatus, television sets and video recorders, DVD recorders and radio recorders; production of films for television and cinema; publication of magazines; provision of online publications, including magazines (periodicals); live show production services; organising of sporting activities and competitions; ticket reservation services relating to entertainment; provision and production of interactive entertainment, news, cultural activities and sport for television viewers; interactive entertainment, educational, sporting and cultural services for television viewers; television programme recording services automatically initiated on the basis of customer viewing habits/preferences; video on demand and near video on demand entertainment, educational, sporting and cultural services; providing movies, videos and television programmes to viewers on demand and near video on demand; betting, gaming and gambling services; credit betting, gaming, gambling, lottery or bookmaking services; credit card betting, gaming, gambling, lottery or bookmaking services; organising and conducting lotteries; electronic betting, gaming, gambling, lottery or bookmaking services provided by means of the Internet, or via a global computer network, or on-line from a computer network database, or via telephony including to mobile telephones, or via a television channel including a television channel distributed by satellite, terrestrial or cable television broadcast; arranging and conducting competitions for video game players and computer game players; pay to play games services; peer to peer interactive games and gaming services; interactive poker games and gaming including single and multi player gaming formats; presentation and production of poker competitions, tournaments, games and gaming; educational or entertainment games played online; electronic publishing services; provision of news, current affairs and sports information; news, current affairs and educational information services; information and advisory services relating to television and radio programmes, to education, recreation, entertainment, music and to sport; information and advisory services relating to television and radio programmes, to education, recreation, entertainment, music and to sport, provided on-line from a computer database or the Internet or to mobile telephones; factual information services relating to television and radio programmes, news and sport; instruction services; training services; leisure services; advisory services relating to entertainment; cinema services; cinema studio services; distribution of radio programmes, television programmes, films, motion pictures, pre-recorded video tapes, audio and/or visual material, pre-recorded video cassettes, DVDs or pre-recorded video discs; production of radio programmes, television programmes, films, motion pictures, pre-recorded video tapes, audio and/or visual material, pre-recorded video cassettes, DVDs or pre-recorded video discs; editing of radio programmes, television programmes, films, motion pictures, pre-recorded video tapes, audio and/or visual material, pre-recorded video cassettes, DVDs or pre-recorded video discs; hire, leasing or rental of radio programmes, television programmes, films, motion pictures, pre-recorded video tapes, audio and/or visual material, pre-recorded video cassettes, DVDs or pre-recorded video discs; organisation of entertainment; preparation and production of radio programmes, television programmes, films, pre-recorded video tapes, DVDs, audio and/or visual material, pre-recorded video cassettes, pre-recorded video discs or motion pictures for distribution for transmission or broadcast by any means; provision of radio programmes, television programmes, films, audio and/or visual material or motion pictures online (not downloadable); entertainment; film production; rental of motion pictures; movie studios; providing movie theatres facilities; production of shows; video film tape production; recording studio services; provision of video and audio content by sale and rental, whereby the consumer is entitled to single or multiple viewings of the media content via any form of playback device, all relating to entertainment, education, sports and culture; online news reporting services; online card games; cycling as a sport; provision of professional cycling services; organisation of cycling events; issuing of tickets for entertainment, sporting and cultural activities; issuing of tickets (virtual and e-tickets) for entertainment, sporting and cultural activities; consultancy, information and advisory services relating to all the aforesaid services; advising or providing information in relation to the foregoing; information relating to all the aforementioned services provided on-line from a computer database or via a helpline or the Internet.

Class 42: Computer services for interactive communications and broadcasting; installation, rental and maintenance of computer software; home computer services namely computer consultancy, installation, repair and maintenance of computer software, updating software and computer support services; advisory services relating to computer based information systems; advisory services relating to computer hardware or software; design, installation, maintenance or updating of computer software; rental or leasing of computer hardware or software; provision of non-downloadable computer software for transmitting, receiving, synchronizing, displaying, backing-up, monitoring, controlling, sharing, coding, decoding, encrypting, accessing, remotely accessing, creating, collecting, storing, securing, removing, transferring, disseminating, locating, organizing or otherwise utilizing data, voice, multimedia, audio, visual, music, photographs, drawings, images, audiovisual, video, text, graphics or other data, including over a global communications network; application service provider services; technical advisory services including these services provided by a helpline; online managing and filtering of electronic communications; consultancy, information and advisory services relating to all the aforesaid services; information relating to all the aforementioned services provided on-line from a computer database or via a helpline or the Internet.

Class 45: Licensing of radio programmes, television programmes, films, motion pictures, pre-recorded video tapes, audio and/or visual material, pre-recorded video cassettes, DVDs or pre-recorded video discs; advisory services relating to intellectual property or industrial property licensing or protection; computer software licensing; exploitation of copyright protected material; exploitation of rights of radio programmes, television programmes, films, pre-recorded video tapes, pre-recorded video cassettes, pre-recorded video discs or motion pictures; exploitation of transmission rights; exploitation of intellectual property or industrial property rights; issue of licensing rights; licensing services; management of intellectual property or industrial property rights; services for the exploitation of rights in radio programmes, television programmes, films, pre-recorded video tapes, pre-recorded video cassettes, pre-recorded video discs or motion pictures; services for the exploitation of intellectual property or industrial property rights; exploitation of printed matter (copyright); information and advisory services relating thereto; information relating to all the aforementioned services provided on-line from a computer database or via a helpline or the Internet.

4. Each party bears its own costs.

REASONS

The applicant filed a request for revocation of European Union trade mark registration No 10 725 621 ‘SKY WIFI’ (word mark) (the EUTM). The request is directed against all the goods and services covered by the EUTM, namely:

Class 9: 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; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus; including data storage apparatus and instruments, software and data storage software, and software for video-conferencing, but excluding car batteries; radio, television, sound recording, sound reproducing, telecommunications and teaching apparatus and instruments; apparatus for recording television programmes; apparatus for reproduction or reception of sound, images or audio visual content; electrical and electronic apparatus for use in the reception of satellite, terrestrial or cable broadcasts; televisions; LCD and plasma screens; home cinema systems; amplifiers; speakers; radios; wireless audio and/or audio visual devices; portable wireless audio and/or audio visual devices; remote controls; wireless keypads; antennas and amplifiers for wireless communication apparatus; masts [wireless aerials]; two-way wireless communication systems; wireless communications apparatus and instruments; wireless transmission apparatus; wireless receiving apparatus; computer software for wireless content delivery; wireless POS (point of service) devices; television receivers including a decoder; set-top boxes; digital set-top boxes; high definition set -top boxes; personal video recorder; set-top boxes for use in decoding and reception of satellite, terrestrial and cable broadcasts; apparatus for decoding encoded signals including set -top boxes for television reception; set -top box apparatus including a decoder and an interactive viewing guide; set -top box apparatus including a decoder and a recorder for recording television and audio programmes; set -top box apparatus including a decoder and a recorder programmable to transfer stored recordings to storage and also to delete the older recordings; satellite dishes; low noise blocks; satellite meters; computer software to enable searching of data; encoded programs for computers and for data processing and telecommunications; telephones; mobile telephones; PDAs; telephone and radio modems; television receivers including a decoder; set-top boxes for use in decoding and reception of satellite, terrestrial cable and digital subscriber line (DSL), Internet or other electronic broadcasts; apparatus for decoding encoded signals; recorded television and radio programmes; recorded programmes for broadcasting or other transmission on television, radio, mobile telephones, PDAs and on PCs; video recordings; multimedia apparatus and instruments; portable or hand-held computers; DVD players; computers; computer hardware; computer hardware, apparatus and instruments all for transmitting, displaying, receiving, storing and searching electronic information; computer programs; computer software; computer software and telecommunications apparatus to enable connection to databases and the Internet; computer software supplied from the Internet; network termination equipment; wired and/or wireless computer network routers, modems, firewalls and/or bridges; computer software and computer programs for distribution to, and for use by, viewers of a digital television channel for the viewing and purchase of goods and services; computer games software and computer quiz software; computer programs for interactive television and for interactive games and/or quizzes; interactive video game devices comprised of computer hardware and software and accessories, namely software for operating game controllers; portable and/or hand-held electronic devices for receiving, playing and transmitting music, sounds, images, text, signals, information and code; electronic publications; video screens; video projectors; tapes, discs and wires, all being magnetic; cassettes and cartridges, all adapted for use with the aforesaid tapes; blank and pre-recorded audio and video cassettes, tapes and cartridges; compact discs; DVD discs; phonographic records; laser readable discs for recording sound or video; ROM cartridges, CD ROMs, cards and discs, integrated circuit cards, memory carriers, recording media, all pre-recorded with computer video games and/or quizzes; encoded cards; radio and television signal antennae; music, sounds, videos, images, text and information provided by a telecommunications network, by on-line delivery and by way of the Internet and/or the world-wide web or other communications network; interactive sound and/or audio recordings; music, video, sound and/or audio recordings (downloadable) provided from MP3 Internet websites; MP3 players, MP3 readers; audio and/or video file recorders and/or players; portable audio and/or video file recorders and/or players; telephone ring tones (downloadable); apparatus and instruments for the reception of radio and television broadcasts including the reception of cable, satellite and digital broadcasts; smart cards; credit cards; loyalty cards; acoustic apparatus or instruments; adaptors; aerials; antennae; amplifiers; communication apparatus and instruments; encoded or magnetic banking or credit cards; cinematographic film; cinematographic instruments and apparatus; data carriers; data storage apparatus, equipment and instruments; electrical telecommunications and/or communications and/or broadcast and/or transmission and/or decoding and/or image processing and/or audio visual instruments and apparatus; electronic telecommunications and/or communications and/or broadcast and/or transmission and/or decoding and/or image processing and/or audio visual instruments and apparatus; film reproducing instruments and apparatus; hand held electrical telecommunications and/or communications and/or broadcast and/or transmission and/or decoding and/or image processing and/or audio visual instruments and apparatus; hand held electronic telecommunications and/or communications and/or broadcast and/or transmission and/or decoding and/or image processing and/or audio visual instruments and apparatus; mobile telephones; motion pictures; telephone apparatus and equipment; parts and fittings for all the aforesaid goods; sunglasses, leather cases for holding mobile phones; e-sell through products, namely downloadable media content, including video and films, television programmes, computer games, music, images and ring tones provided by internet, telephone line, cable, wireless transmission, satellite or terrestrial broadcast service; cases, containers, protective coverings and parts and fittings therefor, all for use with MP3 players, music storage devices, media storage devices and other consumer electronic devices; electrical, electronic and computer equipment for machinery for use in conservation, generation and efficient use of heat, light and water, including thermostatic controls, solar panels for electricity generation, photovoltaic devices, solar cells turbines and motion detectors; electrical and electronic equipment for use in the generation of solar power; electrical, electronic and computer equipment for use in the generation of alternative energy including wind power, hydroelectric power, tidal power, geothermal power, solar power, biomass, and biofuels; control and monitoring equipment for use in the generation of alternative energy including wind power, hydroelectric power, tidal power, geothermal power, solar power, biomass, and biofuels; automated control apparatus for local management of lighting, heating and water supplies; electronic publications (downloadable), including electronic publications, magazines and newsletters regarding environmental protection, energy conservation and ecology, animal welfare and renewable energy projects, including wind power, hydroelectric power, tidal power, geothermal power, solar power, biomass, and biofuels; apparatus and instruments for closed circuit television and surveillance systems; apparatus and instruments for personal security monitoring; apparatus and instruments for home security monitoring and control; home and personal security apparatus; home and personal security devices; home and personal security alarms; electronic protection equipment, including fire detecting and alarm equipment, intruder and burglar alarm equipment and motion detecting equipment; radio, telephonic, television and signalling apparatus and instruments, cameras, sound and video monitoring and recording and sound and video reproducing apparatus and instruments, all for control and telemetry purposes for the home and personal security; closed-circuit television systems (CCTV); monitors; cameras; optical lenses; camera casings; prepackaged cameras; infrared illuminators; videocassette recorders (VCRs); system controlling software; video monitoring apparatus; detectors; access control apparatus; readers; magnetic or encoded access control cards; monitoring apparatus; electronic panels for alarm management and monitoring; alarm panels; glass breakage detectors; smoke detectors; carbon monoxide detectors; digital audio recorders; digital video recorders; digital audio servers; digital video servers; electrical communication equipment; message programming equipment; radio paging equipment; electronic locking systems; life-saving apparatus and equipment; electric alarms; electronic devices for opening doors; electronic devices for protection; intruder alarms and anti-theft equipment; intruder detection apparatus; motion detecting equipment; electronic control apparatus; electronic apparatus for controlling operation of machines; remote apparatus for controlling operation of machines; computer apparatus for controlling operation of machines; electronic network equipment; electronic communication equipment; message programming devices; electronic locking apparatus; parts and fittings for all the aforesaid goods; computer software, operating system software, devices, and hardware for transmitting, receiving, synchronizing, displaying, backing-up, monitoring, controlling, sharing, coding, decoding, encrypting, accessing, remotely accessing, creating, collecting, storing, securing, removing, transferring, disseminating, locating, organizing or otherwise utilizing data, voice, multimedia, audio, visual, music, photographs, drawings, images, audiovisual, video, text, graphics or other data, including over a global communications network; computer software, operating system software, devices, and hardware for synchronizing data, files, e-mails, contacts, calendars, task lists, text messages, photos, music, audio, visual, audio visual, video, text, graphics, programs and other information between computers and hand-held or other devices, and vice versa; communications platforms for enabling instantaneous, continuous, scheduled and perpetual synchronization of data between computers and hand-held or other devices, and vice versa; multimedia cards, memory cards, flash memory cards, memory chips, data storage media devices, plugs, plug-in cards, magnetic cards, SIM cards, telephone calling cards, headphones, headsets, portable and/or hand held electronic devices for receiving, storing, playing and transmitting data, voice, multimedia, audio, visual, music, photographs, drawings, images, audiovisual, video, text, graphics or other data; online dictionaries, encyclopaedias, and reference texts (downloadable); online publications, including newspapers, magazines (periodicals), comics, journals (publications), books, user manuals, instructional and teaching materials (downloadable); online posters, photographs, pictures, articles, vouchers and tickets (downloadable), online electronic dictionaries, encyclopaedias and reference texts; computer software for processing electronic payments and transferring funds to and from others; online and downloadable authentication software; online conversion software and databases, including currency conversion and measurement conversion; computer software for the purpose of monitoring online communications and chat room conversations and alerting third parties to the contents; computer software for monitoring the use of computers and the Internet by children; computer software relating to online protection and online security; protective clothing for cycling; locks for bicycles; parts and fittings for all the aforesaid goods; satellite navigational system for bicycles; global positioning systems for use with bicycles; computers for use with bicycles; ergometers; computer apparatus for remote meter reading; bicycle meters; distance meters; power meters; speed meters; eyewear; sports eyewear; sun visors; protective eyewear; sunglasses; cases for eyewear; cases for sunglasses; frames for eyewear; lenses for eyewear; straps for sunglasses and eyewear; helmets; cyclists helmets; crash helmets; protective sports helmets; sports bags for protective helmets; sporting articles for protective purposes; protective gloves; visors; radios; communicators; aerials for radios; parts for radios; carrying cases for radios; electronic radio apparatus; mobile radios; mounting fittings for radios; radio receivers and transmitters; radio transceivers; radios for vehicles; solar powered radios; parts and fittings for all of the above.

Class 16: Printed matter; bookbinding material; photographs; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers' type; printing blocks; publications, newspapers, magazines (periodicals) but excluding printed magazines distributed in-flight to airline travellers in connection with airline services and not being predominantly a television or cinema listings; comics, journals (publications) and books; publications including strategy guides, user manuals, books and magazines all in the field of computer games, science fiction, games and entertainment; quiz books; shopping guides listing products for purchase; promotional literature relating to the promotion of goods for sale via digital television, the Internet or other telecommunication channels; instructional and teaching materials (other than apparatus); posters; postcards and greeting cards; calendars; diaries; cards and stickers for collecting and collating in albums; writing requisites; rulers; erasers; writing paper; writing sets; catalogues; vouchers, all for holidays and for travel to and from the destination; adhesive stickers; advertising material; advertisements; bags; credit cards; instructional manuals; newsletters; pens; pencils; writing instruments; pen and pencil holders; programme guides; user guides or manuals; including all the aforesaid made from recycled and/or unbleached materials and/or from organic matter.

Class 28: Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees; toys; electronic games; hand-held devices for playing electronic, computer or video games; video games apparatus; parts and fittings for all the aforesaid goods; playing cards; card games, sporting articles; games involving gambling; amusement machines; amusement apparatus and instruments; interactive educational or entertainment games; protective body and limb pads for cycling; face masks for cycling; cases and/or bags adapted for carrying bicycles; sporting articles for protective purposes; stationary exercise bicycles; rollers for bicycles; trainers for bicycles; turbo trainers for bicycles; rollers for stationary bicycles; computer controlled exercise apparatus; games controllers; wireless gaming controllers; electronic computer games; electronic interactive computer games; computer video games and/or quizzes adapted for use with television receivers and screens or with video monitors or with computer screens; electronic apparatus adapted for use with television receivers in playing games; games consoles; electronic apparatus adapted for use with television receivers in playing games; games consoles; interactive video game devices comprised of computer hardware and software and accessories, namely game consoles and game controllers; portable and/or hand-held electronic devices for interactive computer and video games; computer games; computer video games; amusement apparatus and instruments adapted for use with an external display screen or monitor; interactive educational or entertainment games for use with television receivers and video apparatus; parts and fittings for all of the above.

Class 35: Advertising; business management; business administration; office functions, including online storage of files, data, photographs, graphics, documents, videos, images, audio files, audio-visual files, visual files, computer files, computer applications and information for others, electronic data storage services for personal and business use, and services for the electronic storage and organization of files, images, music, audio, video, photos, drawings, audio-visual, text, documents and data, but excluding business relocation services; promotional services; administration services for businesses; accounting services; customer relationship management; organisation, operation and supervision of sales and promotional incentive schemes; provision of product information and advice to prospective purchasers of home entertainment equipment, multi-media apparatus and instruments, television and radio equipment, audio visual equipment, set-top boxes, personal video recorders, video recorders, computer games software, hardware and peripheral devices; rental of advertising space; television advertising commercials; preparation and presentation of audio visual displays for advertising purposes; dissemination of advertising matter; arranging and conducting of trade shows and exhibitions; arranging and conducting trade show exhibitions in the field of electronic, computer and video games for the computer and video game industry; advertisement and promotion of television services; compilation of business statistics and commercial information; loyalty card services; marketing studies; marketing of radio programmes, television programmes, films, motion pictures, pre-recorded video tapes, audio and/or visual material, pre-recorded video cassettes, DVDs or pre-recorded video discs; monitoring and analysis of call information (office services); business planning, inspection, survey and appraisal services; receipt, storage and provision of computerised business information data; compilation of business statistics and commercial information, all relating to television, radio, satellite broadcasting and video games; magazine and newspaper subscriptions; the bringing together of a variety of service providers enabling customers to conveniently view and choose these services; the bringing together, of a variety of goods enabling customers to conveniently view and purchase those goods; the bringing together for the benefit of others, of a variety of retail stores and applications providers, and other services, enabling customers to conveniently view and choose those services and conveniently view and purchase those goods; all the aforesaid goods being bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, cleaning, bleaching and abrasive preparations and substances, all for laundry use, anti-perspirants, perfumes, non-medicated toilet preparations, cosmetic preparations, dentifrices, toilet articles, hair preparations, shampoos, soaps, essential oils, beauty products, toiletries, personal care products, cosmetics, perfumery, candles including all the aforesaid made from unbleached and/or organic and/or biodegradable ingredients, pharmaceutical and veterinary goods, industrial oils and greases, lubricants, fuels (including motor spirit) and illuminants, fuel additives and preparations for enhancing combustion of fuels, machine tools, motors and engines, turbines for power generation, control panels for turbines for power generation, machines for household use, building, home improvement and gardening goods, home decorating equipment, paints and varnishes, hand tools, scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, radio, television, sound recording, sound reproducing, telecommunications, signalling, checking (supervision) and teaching apparatus and instruments, apparatus for recording television programmes, apparatus for recording, transmission, reproduction or reception of sound, images or audio visual content, electrical and electronic apparatus for use in the reception of satellite, terrestrial or cable broadcasts, televisions, LCD and plasma screens, home cinema systems, amplifiers, speakers, radios, wireless audio and/or audio visual devices, portable wireless audio and/or audio visual devices, remote controls, games controllers, wireless gaming controllers, wireless keypads, television receivers including a decoder, set-top boxes, digital set-top boxes, high definition set- top boxes, personal video recorder, set-top boxes for use in decoding and reception of satellite, terrestrial and cable broadcasts, apparatus for decoding encoded signals including set-top boxes for television reception, set-top box apparatus including a decoder and an interactive viewing guide, set-top box apparatus including a decoder and a recorder for recording television and audio programmes, set-top box apparatus including a decoder and a recorder programmable to transfer stored recordings to storage and also to delete the older recordings, satellite dishes, low noise blocks, satellite meters, computer software to enable searching of data, encoded programs for computers and for data processing and telecommunications, telephones, mobile telephones, PDAs, telephone and radio modems, television receivers including a decoder, set-top boxes for use in decoding and reception of satellite, terrestrial cable and digital subscriber line (DSL), Internet or other electronic broadcasts, apparatus for decoding encoded signals, recorded television and radio programmes, recorded programmes for broadcasting or other transmission on television, radio, mobile telephones, PDAs and on PCs, video recordings, multimedia apparatus and instruments, portable or hand-held computers, DVD players, computers, computer hardware and peripheral devices, computer hardware, apparatus and instruments all for transmitting, displaying, receiving, storing and searching electronic information, computer programs, electronic computer games, electronic interactive computer games, computer software, computer software and telecommunications apparatus to enable connection to databases and the Internet, computer software supplied from the Internet, network termination equipment, wired and/or wireless computer network routers, modems, firewalls and/or bridges, computer software and computer programs for distribution to, and for use by, viewers of a digital television channel for the viewing and purchase of goods and services, computer games software and computer quiz software, computer video games and/or quizzes adapted for use with television receivers and screens or with video monitors or with computer screens, computer programs for interactive television and for interactive games and/or quizzes, electronic apparatus adapted for use with television receivers in playing games, games consoles, interactive video game devices comprised of computer hardware and software and accessories, namely game consoles, game controllers and software for operating game controllers, portable and/or hand-held electronic devices for interactive computer and video games, portable and/or hand-held electronic devices for receiving, playing and transmitting music, sounds, images, text, signals, information and code, Portable Wireless Audio Devices, virtual reality systems, home entertainment systems, multi-media equipment, audio visual equipment, video and television equipment, electronic publications, computer games, computer video games, video screens, video projectors, tapes, discs and wires, all being magnetic, cassettes and cartridges, all adapted for use with the aforesaid tapes, blank and pre-recorded audio and video cassettes, tapes and cartridges, compact discs, DVD discs, phonographic records, laser readable discs for recording sound or video, ROM cartridges, CD ROMs, cards and discs, integrated circuit cards, memory carriers, recording media, all pre-recorded with computer video games and/or quizzes, encoded cards, radio and television signal antennae, music, sounds, videos, images, text and information provided by a telecommunications network, by on-line delivery and by way of the Internet and/or the world-wide web or other communications network, interactive sound and/or audio recordings, music, video, sound and/or audio recordings (downloadable) provided from MP3 Internet websites, MP3 players, MP3 readers, audio and/or video file recorders and/or players, portable audio and/or video file recorders and/or players, personal video recorders, telephone ring tones (downloadable), apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity, apparatus and instruments for the reception of radio and television broadcasts including the reception of cable, satellite and digital broadcasts, smart cards, acoustic apparatus or instruments, adaptors, aerials, antennae, amplifiers, amusement apparatus and instruments adapted for use with an external display screen or monitor, communication apparatus and instruments, cinematographic film, cinematographic instruments and apparatus, data carriers, data storage, electrical telecommunications and/or communications and/or broadcast and/or transmission and/or decoding and/or image processing and/or audio visual instruments and apparatus, electronic telecommunications and/or communications and/or broadcast and/or transmission and/or decoding and/or image processing and/or audio visual instruments and apparatus, film reproducing instruments and apparatus, hand held electrical telecommunications and/or communications and/or broadcast and/or transmission and/or decoding and/or image processing and/or audio visual instruments and apparatus, hand held electronic telecommunications and/or communications and/or broadcast and/or transmission and/or decoding and/or image processing and/or audio visual instruments and apparatus, interactive educational or entertainment games for use with television receivers and video apparatus, mobile telephones, motion pictures, telephone apparatus and equipment, parts and fittings for all the aforesaid goods, sunglasses, leather cases for holding mobile phones, e-sell through products, namely downloadable media content, including video and films, television programmes, computer games, music, images and ring tones provided by internet, telephone line, cable, wireless transmission, satellite or terrestrial broadcast service, cases, containers, protective coverings and parts and fittings therefor, all for use with MP3 players, music storage devices, media storage devices and other consumer electronic devices, electrical, electronic and computer equipment for machinery for use in conservation, generation and efficient use of heat, light and water, including thermostatic controls, solar panels for electricity generation, photovoltaic devices, solar cells, turbines and motion detectors, electrical, electronic and computer equipment for use in the generation of alternative energy including wind power, hydroelectric power, tidal power, geothermal power, solar power, biomass, and biofuels, control and monitoring equipment for use in the generation of alternative energy including wind power, hydroelectric power, tidal power, geothermal power, solar power, biomass, and biofuels, electronic publications (downloadable), including electronic publications, magazines and newsletters regarding environmental protection, energy conservation and ecology, animal welfare and renewable energy projects, including wind power, hydroelectric power, tidal power, geothermal power, solar power, biomass, and biofuels, apparatus and instruments for closed circuit television and surveillance systems, apparatus and instruments for personal security monitoring, apparatus and instruments for home security monitoring and control, home and personal security apparatus, home and personal security devices, home and personal security alarms, electronic protection equipment, including fire detecting and alarm equipment, intruder and burglar alarm equipment and motion detecting equipment, radio, telephonic, television and signalling apparatus and instruments, cameras, sound and video monitoring and recording and sound and video reproducing apparatus and instruments, all for control and telemetry purposes for the home and personal security, closed-circuit television systems (CCTV), monitors, cameras, optical lenses, camera casings, prepackaged cameras, infrared illuminators, videocassette recorders (VCRs), system controlling software, video monitoring apparatus, detectors, access control apparatus, readers, magnetic or encoded access control cards, monitoring apparatus, electronic panels for alarm management and monitoring, alarm panels, glass breakage detectors, smoke detectors, carbon monoxide detectors, digital audio recorders, digital video recorders, digital audio servers, digital video servers, electrical communication equipment, message programming equipment, radio paging equipment, electronic locking systems, life-saving apparatus and equipment, electric alarms, electronic devices for opening doors, electronic devices for protection, intruder alarms and anti-theft equipment, intruder detection apparatus, motion detecting equipment, electronic control apparatus, electronic apparatus for controlling operation of machines, remote apparatus for controlling operation of machines, computer apparatus for controlling operation of machines, electronic network equipment, electronic communication equipment, message programming devices, electronic locking apparatus, computer software, operating system software, devices, and hardware for transmitting, receiving, synchronizing, displaying, backing-up, monitoring, controlling, sharing, coding, decoding, encrypting, accessing, remotely accessing, creating, collecting, storing, securing, removing, transferring, disseminating, locating, organizing or otherwise utilizing data, voice, multimedia, audio, visual, music, photographs, drawings, images, audiovisual, video, text, graphics or other data, including over a global communications network, computer software, operating system software, devices, and hardware for synchronizing data, files, e-mails, contacts, calendars, task lists, text messages, photos, music, audio, visual, audio visual, video, text, graphics, programs and other information between computers and hand-held or other devices, and vice versa, communications platforms for enabling instantaneous, continuous, scheduled and perpetual synchronization of data between computers and hand-held or other devices, and vice versa, multimedia cards, memory cards, flash memory cards, memory chips, data storage media devices, plugs, plug-in cards, magnetic cards, SIM cards, telephone calling cards, headphones, headsets, portable and/or hand held electronic devices for receiving, storing, playing and transmitting data, voice, multimedia, audio, visual, music, photographs, drawings, images, audiovisual, video, text, graphics or other data, online dictionaries, encyclopaedias, and reference texts (downloadable), online publications, including newspapers, magazines (periodicals), comics, journals (publications), books, user manuals, instructional and teaching materials (downloadable), online posters, photographs, pictures, articles, online electronic dictionaries, encyclopaedias and reference texts, computer software for processing electronic payments and transferring funds to and from others, online and downloadable authentication software, online conversion software and databases, including currency conversion and measurement conversion, computer software for the purpose of monitoring online communications and chat room conversations and alerting third parties to the contents, computer software for monitoring the use of computers and the Internet by children, computer software relating to online protection and online security, spectacles, contact lenses, agricultural and horticultural goods, musical instruments, medical equipment, domestic electrical and electronic equipment including white goods, jewellery, clocks, watches, stationery, apparatus for controlling temperature including remote and computer apparatus and instruments, apparatus for controlling water supply, apparatus for controlling lighting including remote and computer apparatus and instruments, apparatus for energy efficient lighting, heating and water supply purposes, in particular, light bulbs, apparatus for water conservation and use minimization, automated control apparatus for local management of lighting, heating and water supplies, vehicles, apparatus for locomotion by land, air or water, vehicles adapted for use with renewable energy sources including wind power, hydroelectric power, tidal power, geothermal power, solar power, biomass, and biofuels, paper, paper articles, cardboard and cardboard articles, printed matter, publications, newspapers, magazines (periodicals), comics, journals (publications) and books, publications including strategy guides, user manuals, books and magazines all in the field of computer games, science fiction, games and entertainment, quiz books, shopping guides listing products for purchase, promotional literature relating to the promotion of goods for sale via digital television, the Internet or other telecommunication channels, photographs, instructional and teaching materials (other than apparatus), posters, postcards and greeting cards, calendars, diaries, cards and stickers for collecting and collating in albums, all writing requisites, rulers, erasers, writing paper, writing sets, catalogues for holidays and for travel to and from the destination, adhesive stickers, advertising material, advertisements, bags, credit cards, instructional manuals, newsletters, pens, pencils, writing instruments, pen and pencil holders, programme guides, stationery, user guides or manuals, paper, cardboard and goods made from these materials, printed matter, bookbinding material, photographs, stationery, adhesives for stationery or household purposes, artists' materials, plastic materials for packaging, publications, magazines, including all the aforesaid made from recycled and/or unbleached materials and/or from organic matter, insulation materials, in particular, for the conservation of heat within residential and commercial buildings, leather and imitations of leather, and goods made of these materials and not included in other classes, animal skins, hides, trunks and travelling bags, umbrellas, parasols and walking sticks, whips, harness and saddlery, handbags, backpacks, school bags, beach bags, travelling bags, suitcases, trunks, haversacks, bags for campers, fur-skins, collars for animals, covers for animals, boxes of leather or leather board, attaché cases, pocket wallets, school satchels and briefcases, key cases (leatherwear) attaché cases, backpacks, beach bags, briefcases, canes, card cases, key cases, leather shoulder belts, net bags, parasols, pocket wallets, purses, pouches, rucksacks, school bags, school satchels, sling bags, shopping bags, suitcases, garment bags, tote bags, travelling trunks, valises, vanity cases, umbrella covers, and wallets, clothing, footwear, headgear, underclothing, clothing for men, women, children and infants, jeans, slacks, trousers, skirts, shorts, wraps, jerseys, sweaters, waistcoats, dresses, jumpers, sleepwear, robes, warm-up suits, rainwear, sweaters, scarves, hats, caps, mittens, snow suits, belts, smocks, swimwear, playsuits, bibs, stockings, socks, waterproof clothing, underwear, footwear for men, women, children, and infants shoes, sneakers, sandals, slippers, boots, headgear for men, women, children, and infants hats, headbands, earmuffs, caps, sweaters, dress shirts, blouses, jackets, ties, suits, bathing suits, belts, skirts, dresses, coats, hats, caps, tuxedos, pants, vests, hosiery, scarves, pyjamas, underwear, kilts, mufflers, shawls, footwear, shoes, boots, slippers, and athletic shoes, blazers, headbands, wristbands, coveralls, overalls, sweat pants, and sleepwear, hair accessories, lighting, kitchenware, glassware, china, porcelain, ornaments, furniture, kitchens, sanitary ware, art, paintings, posters, postcards, prints, photographs, household containers and utensils, crockery, cutlery, furnishings, carpets, textiles, table linen, bed linen, haberdashery, sewing machines and equipment, toys, games and playthings, electronic games, hand-held devices for playing electronic, computer or video games, video games apparatus, playing cards, card games, sporting articles, games involving gambling, amusement machines, amusement apparatus and instruments, interactive educational or entertainment games, playing cards, sports equipment, fitness equipment, camping equipment, pets goods, food and drink, apparatus for use in relaxation, motor vehicles and their parts, protective clothing for cycling, locks for bicycles, lights for bicycles, cycling shoes, cycling clothing, cycling headwear including helmets, protective clothing for cycling, cycling products, including but not limited to bicycles, bicycle parts, helmets and water bottles, mudguards, bicycle seats, repair kits for cycling, including puncture repair kits, Satellite navigational system for bicycles, global positioning systems for use with bicycles, computers for use with bicycles, ergometers, computer apparatus for remote meter reading, bicycle meters, distance meters, power meters, speed meters, eyewear, sports eyewear, sun visors, protective eyewear, sunglasses, cases for eyewear, cases for sunglasses, frames for eyewear, lenses for eyewear, straps for sunglasses and eyewear, helmets, cyclists helmets, crash helmets, protective sports helmets, sports bags for protective helmets, sporting articles for protective purposes, visors, radios, communicators, aerials for radios, parts for radios, carrying cases for radios, electronic radio apparatus, mobile radios, mounting fittings for radios, radio receivers and transmitters, radio transceivers, radios for vehicles, solar powered radios, parts and fittings for all of the above, heart monitors, heart monitors to be worn during exercise, parts and fittings for all of the above, bicycle lights, parts and fittings therefor, bicycles, track bicycles, velodrome bicycles, mountain bicycles, racing bicycles, cross country bicycles, cyclo-cross bicycles, bmx bicycles, indoor bicycles, all terrain bicycles, parts fittings and accessories for all the aforementioned goods, bicycle frames, handlebars and handlebar stems for bicycles, handlebar tape, handlebar grips, saddles, saddle posts, bicycle seat posts, bicycle rims, bicycle gears, group sets of gears, chains for bicycles, bicycle bells, baskets for bicycles, brakes for bicycles, spokes for bicycles, dress guards for bicycles, pedals for bicycles, bicycle pumps, wheels and tyres for bicycles, inner tubes for bicycles, mudguards for bicycles, bicycle stands (supports), bicycle bags, bicycle stabilisers, luggage bags for bicycles, panniers for bicycles, bicycle carriers and racks, auxiliary child seats for bicycles and parts and fittings therefor, covers for bicycles and bicycle saddles, direction indicators and signals for bicycles, fittings for bicycles for carrying beverages and food, bidons, bottle cages for bicycles, fittings for bicycles for carrying luggage and panniers, puncture repair outfits and kits for bicycle tyres, toe straps and toe clips for use on bicycles, twist grips for bicycles, trailers for use with bicycles, roof racks, roof racks for vehicles, roof rack and storage containers for land vehicles, cranks for bicycles, power meters for bicycles, parts and fittings for all of the above, horological and chronometric instruments, watches, clocks, bands for watches, bracelets for watches, straps for watches of any material, cases for watches and clocks, watch chains, clock and watch hands, dials for watches, faces for watches, electric watches, mechanical and automatic watches, movements for watches and clocks, parts for clocks and watches, pendant watches, sports watches, watch and clock springs, watch clasps, watches for outdoor use, watches for sporting use, watches incorporating a memory function, time keeping devices, stop watches parts and fittings for all of the above, sportswear, sports clothing, sports footwear, sports headwear, caps, hats, sports uniforms, sun visors, parts and fittings for all of the above, rollers for bicycles, trainers for bicycles, turbo trainers for bicycles, rollers for stationary bicycles, computer controlled exercise apparatus, parts and fittings for all of the above, meat, fish, poultry and game, preserved, frozen, dried and cooked fruits and vegetables, jellies, jams, compotes, eggs, milk and milk products, edible oils and edible fats, dairy products, butter, margarine and other butter substitutes, preserves, pickles, edible nuts and seeds and products prepared there from, shellfish, snacks, prepared meals and prepared dishes, soups, gravy and preparations for making gravy or soup, products made from any of the aforesaid goods, coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee, flour and preparations made from cereals of from flour, bread, pastry and confectionery, ices, honey, treacle, yeast, baking powder, salt, mustard, pepper, vinegar, sauces (condiments), ice, spices, biscuits (other than biscuits for animals), cakes, pasta, pasta products and pastry products, chocolate, chocolates non-medicated confectionery, ice-cream, water ices and frozen confections, coffee substitutes, coffee essences and coffee extracts, beverages and preparations therefor, puddings, desserts, prepared meals and prepared snacks and fillings, products made from any of the aforesaid goods, fresh fruit and fresh vegetables, shellfish, beers, mineral and aerated waters and other non-alcoholic drinks, fruit drinks and fruit juices, syrups and other preparations for making beverages, alcoholic beverages other than beer, energy drinks, enabling customers to conveniently view and purchase those goods including via an Internet website, an interactive television shopping channel, a digital television shopping channel, an Internet walled garden or by means of interactive television and/or telecommunications (including voice, telephony and/or transfer of digital information or data) and/or interactive digital media or global communications network; business customer information and consultancy services for promotional, advertising and marketing purposes in relation to broadcast reception apparatus and instruments and parts and fittings therefor including cable, satellite and terrestrial, analogue or digital reception; advertising and promotional services in relation to lifestyle, ecological and environmental issues; business management and conducting of renewable energy projects, including wind power, hydroelectric power, tidal power, geothermal power, solar power, biomass, and biofuels and projects in connection with other renewable energy sources; collection and processing of operational data in connection with renewable energy projects, including wind power, hydroelectric power, tidal power, geothermal power, solar power, biomass, and biofuels, including compilation of statistics relating to operation and production; electronic and online storage service; electronic and online retrieval of data, files, e-mails, contacts, calendars, task lists, text messages, photos, music, audio, visual, audio visual, video, text, graphics, programs and other data or information; data storage services (other than physical storage), computerised data storage services; online auction services; provision of an online database of advertisements including personal advertisements, employment and placement opportunities advertisements and real estate advertisements; provision of online price comparison services; provision of online word processing, spreadsheet, calendar, presentation and database management services; provision of virtual online office support staff services; on-line ordering/purchase of gift items; online posting of loyalty rewards information; provision of online reward and incentive programs; information and advisory services relating to all the aforesaid services; provision of business information and advice; provision of online reward and incentive programs relating to fitness tracking, health tracking, personal tracking, lifestyle tracking and emotional tracking; information relating to all the aforementioned services provided on-line from a computer database or via a helpline or the Internet.

Class 36: Insurance; financial affairs; monetary affairs; real estate affairs; provision of insurance; insurance consultancy; provision of warranties and extended warranties and associated assistance; provision of warranties, extended warranties and associated assistance; provision of warranties and extended warranties in relation to broadcast and/or telecommunications and/or communications reception apparatus and instruments and parts and fittings therefor including cable, satellite, terrestrial, analogue or digital reception equipment; financial services; financial management; financial sponsorship; financial and banking services; financial information; financial services provided via the Internet; asset and fund management; financial, credit, debit, pre-payment, e-cash, cash management, loan and finance services; financial services relating to betting, gaming, gambling, lotteries or book-making; credit services; credit card services; provision of financial information relating to betting, gaming, gambling, lotteries or book-making services; vouchers for holidays and for travel to and from the destination; provision of vouchers; real estate services; real estate investment; real estate brokerage services; real estate agency services; real estate financing; real estate management; real estate administration; real estate leasing; real estate appraisals and valuations; real estate acquisition and sales; information, advice and consultancy services relating to real estate; provision of online financial services comparisons; provision of online insurance services, insurance quotations and insurance quotation comparisons; provision of online credit reports; provision of online fraud protection services; provision of financial services online enabling donations to be made to charity; online clearing and reconciling of financial transactions; online processing and transmission of bills and payments; issuing of vouchers; information, advice and assistance relating to all the aforesaid services provided on-line from a computer database or via a helpline or the Internet.

Class 38: Telecommunications including video-conferencing services and sharing of files, images, music, video, photos, drawings, audio-visual, text, documents and data; but excluding telegraph communications services; mobile and fixed telecommunications services; communications services; satellite, cellular and radio communication services; television and radio broadcasting; transmission and communication services; broadcasting and/or transmission of radio and/or television programmes and/or films; satellite, DTT, cable, DSL and broadband broadcasting and/or transmission of audio and/or audio visual programming; transmission of audio, video and/or audio visual programming (by any means); transmission of video films; broadcasting and transmission of television programmes and films to personal computers; broadcasting and communications by means of or aided by computer; transmission of audio, video and/or audio visual programming by Internet protocol (IPTV); telecommunications services over the Internet including but not limited to services provided using voice over Internet protocol (VOIP); provision of access and/or connectivity to broadband networks whether fixed, portable or wireless; transmission of text, messages, sound and/or pictures; telecommunication and/or communication and/or broadcast and/or transmission of audio visual content; communication of information (including web pages), data by radio, telecommunications and by satellite; online managing and filtering of electronic communications; telephone, mobile telephone, message collection and transmission, radio-paging, call diversion, answerphone and directory enquiry services; personal numbering services; television screen based information broadcasting and retrieval services; loan of replacement telecommunications and communications apparatus and instruments in case of breakdown, loss or theft; computer aided transmission of messages and images; messaging services namely, sending, receiving and forwarding messages in the form of text, audio, graphic images or video or a combination of these formats; instant messaging; short message services (SMS); multimedia messaging services (MMS); unified messaging services; voicemail services; video conferencing services; video telephone services; providing access to telecommunications infrastructures for other operators; provision of access to electronic conferencing, discussion groups and chat rooms; provision of chat rooms; hire, leasing or rental of apparatus, instruments, installations or components for use in the provision of the aforementioned services; advisory, information and consultancy services relating to all the aforementioned; communications services by satellite, television and/or radio; news agency services; provision of access to news, current affairs and sports information; hiring, rental and leasing of communications apparatus; electronic mail services; telecommunication services relating to the Internet; telecommunication of information (including web pages); provision of location based services for telecommunications and communications apparatus and instruments; provision of wireless application protocol services including those utilising a secure communications channel; provision of information relating to or identifying telecommunications and communications apparatus and instruments; provision of telecommunications links to computer databases and websites on the Internet; telecommunications services dedicated to retailing goods and services through interactive communications with customers; interactive television services being telecommunications and/or communications and/or broadcasting and/or transmission services; interactive services for television viewers including those watching on mobile telephones, tablet computers and PCs being telecommunications and/or communications and/or broadcasting and/or transmission services; television broadcasting services incorporating interactive services for viewing guides and intelligent automated selection for programme recordal; interactive services for television viewers facilitating the recordal of programmes automatically initiated on the basis of customer viewing habits/preferences being telecommunications and/or communications and/or broadcasting and/or transmission services; providing interactive television viewers (including those watching on their mobile telephones or PCs) with access to information, data, graphics, audio and/or audio-visual content from a restricted group of Internet websites or portals; broadcasting and transmission of interactive television, interactive games, interactive news, interactive sport, interactive entertainment and interactive competitions; video on demand and near on demand telecommunication and/or communication and/or broadcast and/or transmission services; streaming delivery of video on demand streams to viewers; providing access to movies, videos and television programmes to viewers on demand and near on demand; professional consultancy services relating to broadcasting; providing access to a database storing information relating to a variety of goods and services; enabling access to the Internet; provision of a connection between websites and television viewers via an interactive television portal; internet portal services; web portal services; provision of broadband services; interactive television portal services providing access to Internet websites for television viewers via their television receiving equipment including digital television receiving equipment; providing access to Internet websites to mobile telephone users; professional consultancy and information and advisory services relating to all the aforesaid services; leasing access time to an information database; telecommunications information; factual information services relating to television broadcasting; audio visual communication services; data communication services; data broadcasting services; delivery of messages; telecommunication and/or communication and/or broadcast and/or transmission of radio programmes, television programmes, films and motion pictures; telecommunication and/or communication and/or broadcast and/or transmission of audio and/or visual material and material from pre-recorded video tapes: transmission of radio programmes, television programmes, films, motion pictures, pre-recorded video tapes, audio and/or visual material, pre-recorded video cassettes, DVDs or pre-recorded video discs; rental, leasing or hire of communications equipment; message sending; telephonic or telephone communications services; wireless communication services; providing multiple user wireless access to the internet; rental of wireless communications systems; wireless broadcasting; e-sell through services, namely delivery by telecommunication of media content, including video and films, television programmes, computer games, music, images and ring tones provided by internet, telephone line, cable, wireless transmission, satellite or terrestrial broadcast service; organisation of call information; monitoring and analysis of call information; call screening services; call alerting services; computer services for accessing a communications or computer network; computer services for accessing entertainment, education, information and data via telephone line, cable, wire or fibre, database or computer network; computer services for accessing and retrieving information, messages, text, sound, images and data via a computer or computer network; computer services for accessing and retrieving radio and television programmes; consultancy, transfer and transmission of programs, data, files, e-mails, contacts, calendars, task lists, text messages, photos, music, audio, visual, audio visual, video, text, graphics, programs and other information via telecommunications and global communications networks; remote data access services; e-mail, email notification and alert services; online instant messaging; provision of online conferencing, discussion groups, message boards and chat rooms; internet portal services; web portal services; online video on demand or near on demand telecommunication and/or communication and/or broadcast and/or transmission services; online telecommunications services to enable the accessing and retrieving of data, files, e-mails, contacts, calendars, task lists, text messages, photos, music, audio, visual, audio visual, video, text, graphics, programs and other information via a computer or computer network or electronic device including services provided over a global communications network; online telecommunications services relating to webcasting and podcasting including services provided over a global communications network; peer to peer services; provision of interactive polling services being telecommunications and/or communications and/or broadcasting services; advising or providing information in relation to the foregoing; information relating to all the aforementioned services provided on-line from a computer database or via a helpline or the Internet.

Class 41: Education providing of training; entertainment; sporting and cultural activities; provision and production of audio visual content relating to entertainment, education, training, sport and culture; education and entertainment services by means of radio, television, telephony, the Internet and on-line databases; hiring, rental and leasing of cine-films, videos, DVDs, sound recordings, sound recording apparatus, sports apparatus, television sets and video recorders, DVD recorders and radio recorders; production of films for television and cinema; providing on-line electronic publications (not downloadable); publication of magazines, books, texts and printed matter; publication of electronic books or journals on-line; provision of electronic publications; online dictionaries, encyclopaedias, and reference texts; provision of online publications, including newspapers, magazines (periodicals), comics, journals (publications), books, user manuals, instructional and teaching materials; online posters, photographs, pictures, articles; provision of recording studio facilities; hire of recording studios; live show production services; organising of sporting activities and competitions; box office services; production and presentation of programmes transmitted by television, the Internet or other telecommunication channels for the conduct of the interactive viewing, selection and purchase of goods; ticket reservation services relating to entertainment; production , presentation and distribution of radio and television programmes, interactive television, interactive games, interactive entertainment and interactive competitions; production, presentation and provision of competitions, contests, games, quizzes, studio entertainment and audience participation events; interactive television programme selection services for viewers; provision and production of interactive entertainment, news, cultural activities and sport for television viewers; interactive entertainment, educational, sporting and cultural services for television viewers; viewing guide services; viewing guide services facilitating the recordal and fixed term rental of programmes and movies; television programme recording services automatically initiated on the basis of customer viewing habits/preferences; video on demand and near video on demand entertainment, educational, sporting and cultural services; providing movies, videos and television programmes to viewers on demand and near video on demand; betting, gaming and gambling services; credit betting, gaming, gambling, lottery or bookmaking services; credit card betting, gaming, gambling, lottery or bookmaking services; organising and conducting lotteries; electronic betting, gaming, gambling, lottery or bookmaking services provided by means of the Internet, or via a global computer network, or on-line from a computer network database, or via telephony including to mobile telephones, or via a television channel including a television channel distributed by satellite, terrestrial or cable television broadcast; arranging and conducting competitions for video game players and computer game players; pay to play games services; peer to peer interactive games and gaming services; interactive poker games and gaming including single and multi player gaming formats; presentation and production of poker competitions, tournaments, games and gaming; educational or entertainment games played online; electronic publishing services; video taping and filming services; information and advisory services relating to the aforesaid services; provision of news, current affairs and sports information; news, current affairs and educational information services; information and advisory services relating to television and radio programmes, to education, recreation, entertainment, music and to sport; information and advisory services relating to television and radio programmes, to education, recreation, entertainment, music and to sport, provided on-line from a computer database or the Internet or to mobile telephones; factual information services relating to television and radio programmes, news and sport; instruction services; training services; leisure services; advisory services relating to entertainment; arranging conferences, seminars, symposiums or workshops; arranging exhibitions or festivals; booking agency services; cinema services; cinema studio services; distribution of radio programmes, television programmes, films, motion pictures, pre-recorded video tapes, audio and/or visual material, pre-recorded video cassettes, DVDs or pre-recorded video discs; production of radio programmes, television programmes, films, motion pictures, pre-recorded video tapes, audio and/or visual material, pre-recorded video cassettes, DVDs or pre-recorded video discs; editing of radio programmes, television programmes, films, motion pictures, pre-recorded video tapes, audio and/or visual material, pre-recorded video cassettes, DVDs or pre-recorded video discs; hire, leasing or rental of radio programmes, television programmes, films, motion pictures, pre-recorded video tapes, audio and/or visual material, pre-recorded video cassettes, DVDs or pre-recorded video discs; exhibition of radio programmes, television programmes, films, motion pictures, pre-recorded video tapes, audio and/or visual material, pre-recorded video cassettes, DVDs or pre-recorded video discs for entertainment, educational, sporting or cultural purposes; amusement park services with a theme of films, radio or television productions; organisation and management of amusement parks and theme parks; organisation of entertainment; preparation and production of radio programmes, television programmes, films, pre-recorded video tapes, DVDs, audio and/or visual material, pre-recorded video cassettes, pre-recorded video discs or motion pictures for distribution for transmission or broadcast by any means; provision of radio programmes, television programmes, films, audio and/or visual material or motion pictures online (not downloadable); publication of printed media and recordings; dubbing; video tape editing; entertainment; film production; rental of motion pictures; movie studios; providing movie theatres facilities; production of shows; video film tape production; rental of audio equipment; rental of lighting apparatus for theatrical sets or television studios; rental of motion pictures; rental of movie projectors and accessories; rental of radio equipment; rental of televisions and television equipment; rental of sports equipment; rental of video cameras; rental of video tapes; rental of video recorders; theatre productions; movie studio services; organising or hosting awards ceremonies; presentation of films; production of special effects for films; reservation services (included in this class) for sporting, scientific, political and cultural events; production of artwork for animated films; recording studio services; provision of video and audio content by sale and rental, whereby the consumer is entitled to single or multiple viewings of the media content via any form of playback device, all relating to entertainment, education, sports and culture; education and providing of training in connection with environmental protection, energy conservation and ecology and animal welfare; education and providing of training in connection with alternative energy sources, including wind power, hydroelectric power, tidal power, geothermal power, solar power, biomass, and biofuels; publication of instructional material and promotional material relating to environmental protection, energy conservation and ecology and animal welfare; arranging and conducting of seminars and workshops (training); establishing training programmes and training manuals; organising and conducting safety courses and educational courses; online news reporting services; online provision of information and general encyclopaedic knowledge relating to entertainment, education, training, sports, culture, news, current affairs, satellite, television and radio programmes, music, films, books and other printed matter, video games, computer games, amusement machines, amusement centres or amusement parks; online translation services; online library services including the lending and exchanging of books and other publications and photographs; provision of online classes, seminars, workshops, exhibitions and displays; leasing, booking and providing of diving equipment; online card games; organization of sports and holiday camps; provision of telephone ring tones; cycling as a sport; provision of professional cycling services; organisation of cycling events; leasing, rental and hiring of data rooms; high-definition studios, edit suites, voice-over studios and audio suites; consultancy, information and advisory services relating to all the aforesaid services; advising or providing information in relation to the foregoing; issuing of tickets for entertainment, sporting and cultural activities; issuing of tickets (virtual and e-tickets) for entertainment, sporting and cultural activities; provision of online fitness tracking; information relating to all the aforementioned services provided on-line from a computer database or via a helpline or the Internet.

Class 42: Scientific and technological services and research and design relating thereto; industrial analysis and research service ...Show mores; design and development of computer hardware and software, including online technical storage facilities, online technical back-up services and online technical back-up facilities, software as a service [saas] services, and electronic hosting of files, data, photographs, graphics, documents, videos, images, audio files, audio-visual files, visual files, computer files, computer applications, information for others and video-conferencing services, but excluding the performance of chemical analyses; design, drawing and commissioned writing all for the compilation of web pages on the Internet; hosting websites; creating and maintaining websites; computer services for interactive communications and broadcasting; installation, rental and maintenance of computer software; computer services relating to entertainment, education, retrieval of information and data via telephone line, cable, wire or fibre, database or computer network; computer services for retrieving information, messages, text sound, images and data via a computer network, computer services for relating to radio and television programmes, computer services; maintenance and repair of interactive video game devices comprised of computer software and accessories, namely software for operating game controllers; home computer services namely computer consultancy, installation, repair and maintenance of computer software, updating software and computer support services; computer services, namely the organisation of an infrastructure to enable television subscribers to access internet services via the television; advice relating to the development of computer systems; advisory services relating to computer based information systems; advisory services relating to computer hardware or software; design, installation, maintenance or updating of computer software; design of computer hardware; design services; designing electrical or electronic systems; design services for artwork for animated films; monitoring and analysis of call information; computer programming services; internet walled garden services; operation of search engines; rental or leasing of computer hardware or software; testing, research, assessing, consultancy, advising or providing information in relation to the foregoing; computer services for on-line shopping; computer services relating to the processing of orders and payments; providing information and advice with regard to environmental protection, energy conservation and alternative energy sources, ecology as well as conducting research and drawing up expert reports in the aforementioned fields; research and development of durable use of nature and the environment; technical assistance concerning environmental protection, energy conservation and alternative energy sources, ecology and animal welfare and effecting such projects; development and testing for renewable energy sources including wind power, hydroelectric power, tidal power, geothermal power, solar power, biomass, and biofuels, and components therefor; effecting research projects concerning environmental protection, energy conservation and alternative energy sources, ecology and animal welfare; provision of non-downloadable computer software for transmitting, receiving, synchronizing, displaying, backing-up, monitoring, controlling, sharing, coding, decoding, encrypting, accessing, remotely accessing, creating, collecting, storing, securing, removing, transferring, disseminating, locating, organizing or otherwise utilizing data, voice, multimedia, audio, visual, music, photographs, drawings, images, audiovisual, video, text, graphics or other data, including over a global communications network; application service provider services; technical advisory services including these services provided by a helpline; provision of software updates electronically; weather forecasting online; provision of online mapping; provision of customised webpages containing user defined information, search engines and links to other websites; online scanning, detecting, quarantining and eliminating of viruses, worms, trojans, spyware, malware and unauthorised data and programs on computers and electronic devices; online managing and filtering of electronic communications; online hosting services allowing users to publicise and share data online; provision of interactive calendars from a computer database or over the internet; online provision of information and general encyclopaedic knowledge relating to computer security, online security, environmental protection, energy conservation, ecology, alternative energy sources, including wind power, hydroelectric power, tidal power, geothermal power, solar power, biomass, and biofuel; provision of remote back-up services for computer data including services provided over a global communications network; consultancy, information and advisory services relating to all the aforesaid services; synchronization of programs, data, files, e-mails, contacts, calendars, task lists, text messages, photos, music, audio, visual, audio visual, video, text, graphics, programs and other information via telecommunications and global communications networks; data synchronization over telecommunications, communications and computer networks; digital imaging services; weather forecasting; information relating to all the aforementioned services provided on-line from a computer database or via a helpline or the Internet.

Class 45: Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals; licensing of radio programmes, television programmes, films, motion pictures, pre-recorded video tapes, audio and/or visual material, pre-recorded video cassettes, DVDs or pre-recorded video discs; advisory services relating to intellectual property or industrial property licensing or protection; computer software licensing; exploitation of copyright protected material; exploitation of rights of radio programmes, television programmes, films, pre-recorded video tapes, pre-recorded video cassettes, pre-recorded video discs or motion pictures; exploitation of transmission rights; exploitation of intellectual property or industrial property rights; issue of licensing rights; licensing services; management of intellectual property or industrial property rights; services for the exploitation of rights in radio programmes, television programmes, films, pre-recorded video tapes, pre-recorded video cassettes, pre-recorded video discs or motion pictures; services for the exploitation of intellectual property or industrial property rights; exploitation of printed matter (copyright); provision of horoscopes; real estate licensing; lobbying for political purposes, including political pressure concerning environmental protection, energy conservation and alternative energy sources, ecology and animal welfare; provision of home and personal monitoring and security alarm services; anti-theft and break-in alarm services; fire alarm and protection services; security assessment relating to the security of persons and domestic properties; computerised security services for persons and domestic properties; monitoring of personal security systems and security control apparatus; advisory services relating to security; rental of security apparatus; rental of security surveillance apparatus; electrical protection services for central offices; services for monitoring discharge systems and waterflow alarms; security and fire system monitoring services; site monitoring with regard to fire and security; security services with regard to protection against fires and break-ins; online provision of information and general encyclopaedic knowledge relating to security, security systems, personal security, business security, household security; online dating, friendship, introduction and social networking services; provision of horoscopes online; provision of online fraud protection services; personal and social services rendered by others to meet the needs of individuals, namely provision of online personal tracking, provision of online lifestyle tracking, provision of online emotional tracking; legal assistance concerning environmental protection, energy conservation and alternative energy sources, ecology and animal welfare and effecting such projects; information and advisory services relating thereto; information relating to all the aforementioned services provided on-line from a computer database or via a helpline or the Internet.

The applicant invoked Article 58(1)(a) EUTMR.

SUMMARY OF THE PARTIES’ ARGUMENTS

The applicant filed a request for revocation on 11/12/2018 claiming that the contested EUTM has not been put to genuine use for a continuous period of five years. It requests that the date of revocation is the date of application thereof, and alternatively, to declare the contested EUTM revoked from an earlier date, namely as of 17/04/2018.

The EUTM proprietor filed observations and evidence of use on 10/04/2019 (Annexes 1 to 11 and Exhibits 1 to 49, listed below). It provides a detailed explanation, an index of the evidence submitted, as well as a list of the goods and services in relation to which evidence of genuine use is being adduced. The EUTM proprietor explains that its company was established to carry on the business of protecting and commercialising the SKY brand and know-how and that it is a subsidiary of the head of the Sky Group, Sky Limited and sister company of the UK trading entity Sky (UK) Limited, referred to together as ‘Sky’. According to the EUTM proprietor, as is evident from an overall assessment of the evidence attached, it made extensive use of the contested EUTM during and outside of the relevant periods and the applicant is disingenuous in its attack and is very well aware of Sky’s use from related proceedings between the parties. In addition, the contested EUTM has also been used in forms different to that registered, but this also amounts to genuine use of the EUTM in line with Article 18 EUTMR.

Then, the EUTM proprietor outlines Sky’s activities, the use of Sky WiFi, Sky-formative marks and Sky. It explains that Sky is a leading entertainment company (TV broadcasting and entertainment, TV equipment and related products and services) that served 23 million customers in 2018 across Europe, including in the UK (for over 30 years), Germany and Austria (since 2009), Italy (since 2003), Spain and Switzerland (since 2017), had an annual revenue of GBP 13.6 billion and employed over 31,000 people. The EUTM proprietor argues that Sky is at the forefront of the ‘convergence’ of television, computer and telecommunications through innovation and technology and is one of the most well known and reputed brands in the UK since as early as 2002 and remains so up to the present day. In support and as an example, the EUTM proprietor refers to an independent survey that showed that at March 2018 Sky’s SKY brand and sub-brands were known to over 41 million UK viewers and at 30/06/2018 it had over 16.3 million customers in the UK and Ireland. In addition, by 2017 it had over 4 million customers in Germany, by 2016 it held well over 60% of the German pay-TV market and online streaming.

The EUTM proprietor elaborates on the time, place, extent and nature of use. It argues, inter alia, that the applicant’s request for an earlier date of revocation should be disregarded, because the applicant did not present a legitimate interest. In addition, use by other companies was with the consent of the proprietor and it has made use of the mark SKY WIFI, as well as use of a range of sub-brands and the SKY ‘family of marks’ and all these amount to genuine use of SKY WIFI, as they share the dominant element SKY and do not alter the distinctive character of the registered mark. The proprietor mentions that EUIPO has reviewed Sky’s evidence on many occasions and recognised reputation for at least some of the goods and services in Classes 9, 16, 35, 38 and 41; the proprietor considers that use of SKY and its SKY family of marks should be considered in the assessment because it includes the SKY house mark and a second term of lower distinctiveness, which fits within Sky’s family of marks.

The EUTM proprietor mentions that SKY has been providing goods and services in relation to the provision of public internet access since 2011 and later under the SKY WIFI mark. It provides SKY hotspots to local UK authorities, universities, railway companies, cafes, restaurants, hotels in the UK, including consultation services and provision and maintenance of equipment thereof. As to use of similar Sky-formative marks, it is clear that Sky is the dominant and distinctive element and WiFi is generic and a descriptive term, universally known as a key component to gain access to the internet. In addition, the extensive use of additional and conceptually similar marks forming part of the SKY family of marks also constitutes genuine use of the mark SKY WIFI, namely SKY BROADBAND, SKY HUB, SKY WIRELESS BOOSTER, SKY WLAN MODUL and SKY ETHERNET. In the proprietor’s view, these marks all have cross-over and/or complimentary purposes to Wi-Fi given the convergence of the technology sector.

In its observations in reply of 05/11/2019, the applicant argues that neither the evidence nor the explanations provided by the EUTM proprietor are apt to demonstrate genuine use of the contested mark. It provides an overview of the case-law on genuine use and then proceeds to analyse the pieces of evidence filed. It states that the documents filed as Exhibits 1 to 30 are general information and assertions in relation to the company name SKY and do not constitute evidence of use of the registered mark. No invoices were submitted or any specific information regarding use of the concrete contested EUTM. The witness statement has no evidentiary value, comes from the sphere of the proprietor itself and has low probative value. As to the proprietor’s assertions that it provided consent to its licensee to use its marks, the proprietor failed to provide such evidence. In relation to the place of use, the applicant refers to Sofa Workshop Limited vs. Sofa Works Limited [2015] EWHC 1773 (IPEC) and argues that even if use of the contested EUTM could be proven for the territory of the UK, quod non, such use would not be sufficient to meet the necessary requirements. Furthermore, even though the EUTM proprietor submitted comprehensive documents with a large volume, it did not provide any evidence of use of the sign SKY WIFI or evidence showing for which goods and services exactly that mark has allegedly been used. Contrary to the proprietor’s submissions, it cannot be deemed that use of SKY in isolation or as SKY BROADBAND, SKY HUB, SKY WIRELESS BOOSTER, SKY WLAN MODUL and SKY ETHERNET constitute use of the contested EUTM in a form that does not alter its distinctiveness, since the signs are essentially different. According to the applicant, due to the fact that the contested EUTM ‘SKY WIFI’ constitutes a mark composed of two juxtaposed components, the omission of the component WIFI alters the distinctive character of the mark as such. No indication is given that WIFI is perceived as descriptive for the goods and services at issue and there are many trade mark registrations for ‘WIFI’ alone or in combination with non-distinctive components (Exhibit 2). In relation to the proprietor’s argument that SKY’s family of marks is so well known that the use of SKY and/or SKY-formative marks should be considered in the assessment of genuine use as a separate ground, the applicant recalls that the existence of a family of marks and the use of the registered mark in a form which does not alter its distinctive character are two different issues; a family of marks relates to the assessment of likelihood of confusion under Article 8 EUTMR and not in the context of nature of use in revocation proceedings under Article 58 EUTMR. In summary, the applicant concludes that in the absence of any indications of the time, place, extent and nature of use of the contested EUTM for the contested goods and services, the EUTM proprietor failed to provide evidence of use of its EUTM. Accordingly, the applicant requests that the contested EUTM be revoked in its entirety. In support of its arguments, the applicant provided two Exhibits consisting of: a list of the goods and services pertaining to the contested EUTM for which no evidence of use is available, as conceded/marked by the EUTM proprietor (Exhibit 1, 18 pages) and a list of trade marks containing the component ‘WIFI’ alone or in combination (Exhibit 2, 19 pages).

In its response dated 16/03/2020, the EUTM proprietor disputes the observations of the applicant and endorses and incorporates its initial observations. In relation to the probative value of the evidence, the EUTM proprietor defends its veracity and reliability and adds that it was supported by a significant number of independent documents produced by reliable third parties. Furthermore, the proprietor confirms again that it licenses the use of its SKY and SKY-formative marks to affiliated licensees, including Sky Deutschland, Sky Italia, Sky UK Limited and Sky Limited. In reply to the applicant’s request, the EUTM proprietor submits documents (Annex 1) to show that it gave prior consent to Sky Limited to use its trade marks. Concerning the place of use, the EUTM proprietor refutes the applicant’s assertions as erroneous and argues that the applicant relies extensively on a first instance decision issued by a national UK Court, which has no binding effect on the EUIPO. According to the EUTM proprietor, the contested mark has also been used in relation to thousands of internet hotspots throughout the UK, which amounts to a substantial part of the EU and the proprietor’s initial observations clearly evidence the substantial use of its SKY-formative marks throughout the EU. To support this, the proprietor provides evidence of SKY WIFI-branded hotspots offered throughout the Republic of Ireland (Annex 2). The EUTM proprietor claims it has made substantial use of the mark SKY WIFI in relation to a range of goods and services relating to the provision of internet access, that the use of SKY and other SKY-formative trade marks by the proprietor amounts to genuine use of the contested EUTM and that the applicant’s contention that the word WIFI is not descriptive is incorrect in the respective context. In addition, the proprietor attached some further examples of the use of SKY WIFI and SKY branded services and products (Annex 3). In conclusion, the EUTM proprietor argues that its mark SKY WIFI has been subject to genuine use in the EU in respect of the goods and services it identified in its previous submissions.

GROUNDS FOR THE DECISION

According to Article 58(1)(a) EUTMR, the rights of the proprietor of the European Union trade mark will be revoked on application to the Office, if, within a continuous period of five years, the trade mark has not been put to genuine use in the Union for the goods or services for which it is registered, and there are no proper reasons for non-use.

Genuine use of a trade mark exists where the mark is used in accordance with its essential function, which is to guarantee the identity of the origin of the goods or services for which it is registered, in order to create or preserve an outlet for those goods or services. Genuine use requires actual use on the market of the registered goods and services and does not include token use for the sole purpose of preserving the rights conferred by the mark, nor use which is solely internal (11/03/2003, C‑40/01, Minimax, EU:C:2003:145, in particular § 35-37, 43).

When assessing whether use of the trade mark is genuine, regard must be had to all the facts and circumstances relevant to establishing whether commercial exploitation of the mark is real, particularly whether such use is viewed as warranted in the economic sector concerned to maintain or create a market share for the goods or services protected by the mark (11/03/2003, C‑40/01, Minimax, EU:C:2003:145, § 38). However, the purpose of the provision requiring that the earlier mark must have been genuinely used ‘is not to assess commercial success or to review the economic strategy of an undertaking, nor is it intended to restrict trade-mark protection to the case where large-scale commercial use has been made of the marks’ (08/07/2004, T‑203/02, Vitafruit, EU:T:2004:225, § 38).

According to Article 19(1) EUTMDR in conjunction with Article 10(3) EUTMDR, the indications and evidence of use must establish the place, time, extent and nature of use of the contested trade mark for the goods and/or services for which it is registered.

In revocation proceedings based on the grounds of non-use, the burden of proof lies with the EUTM proprietor as the applicant cannot be expected to prove a negative fact, namely that the mark has not been used during a continuous period of five years. Therefore, it is the EUTM proprietor who must prove genuine use within the European Union, or submit proper reasons for non‑use.

In the present case, the EUTM was registered on 16/04/2013. The revocation request was filed on 11/12/2018. Therefore, the EUTM had been registered for more than five years at the date of the filing of the request. The EUTM proprietor had to prove genuine use of the contested EUTM during the five-year period preceding the date of the revocation request, that is, from 11/12/2013 to 10/12/2018 inclusive, for the contested goods and services listed in the section ‘Reasons’ above.

As to the arguments of the parties in relation to the relevant period for which the evidence has to be filed, the Cancellation Division hereby recalls that the five-year period within which the EUTM proprietor has to prove use is the five years preceding the date of the request for revocation (as mentioned above) and not any other (additional) period. Article 62(1) EUTMR refers to the date of the request for revocation and the legislator has crafted Article 62(1) EUTMR as an ex nunc rule. The contested EUTM may well have been used after its registration but what matters under Article 58(1)(a) EUTMR is whether it has been used in the past five years as of now (revocation filing date).

On 10/04/2019 the EUTM proprietor submitted evidence as proof of use.

The evidence consists of the following:

 Annex 1: (151 pages) A witness statement dated 28/03/2019, by Mrs. E. C., Head Counsel of IP and Operations of Sky. The document contains an overview of the activities and history of the Sky Group (referred to as Sky) up until 2018. It states, inter alia, that Sky is a leading entertainment company offering a high quality range of products and services. In 2018, Sky served around 23 million customers across Europe (including the UK, Ireland, Germany, Austria, Italy, Spain and Switzerland), had an annual revenue of GBP 13.6 billion, was Europe’s leading investor in television content with a combined programming budget of GBP 6.5 billion and employed over 31,000 people (p.2).

Sky has used SKY as part of a company name, as a trade mark and as a house mark extensively and continuously for over 30 years in the UK and Ireland, since 2003 in Italy, since 2009 in Germany and Austria; and in 2017 launched SKY services in Spain and expanded its offering in Switzerland. It is stated that the ‘SKY’ brand is well known in the UK, Ireland, Germany and Italy, in particular, for television broadcasting and entertainment services, television equipment and related products and services. In addition, Sky is at the forefront of the ‘convergence’ of television, computer and telecommunications through innovation and technological innovation and, as a result, the SKY brand is also well-known in the UK and Ireland for broadband and telephony goods and services. The witness statement includes the following: (i) milestones in the use of the SKY marks as from 1984 up to 2018; (ii) revenue, customers, routes to market, internet, social media and mobile presence; (iii) diversity of Sky’s consumer and business to business products and services and intensity of use; (v) advertising, sponsorship, corporate responsibility and environmental initiatives; (vi) independent recognition of SKY (awards, press coverage and recognition of the brand); and (vii) Sky’s enforcement activities.

The statement contains, inter alia, tables with revenue figures for goods and services under the ‘SKY’ marks for 2000-2018 (p.12-13), subscriber figures for the UK and Ireland, Germany and Austria, and Italy, for ‘SKY’ products for 2013 - 2018 (p.15 -16), subscriber figures for the UK and Ireland for pay TV for 2008-2014 (p.16), unique visitors and yearly visits for certain of Sky’s English, German and Italian language EU websites for the years 2014 – 2017 (p.21 - 24), social media presence figures at March 2018 and October 2017 (on Facebook, Instagram and Twitter, p. 25 and 26), SKY’s mobile and tablet apps figures (name of app and launch date; p. 26 - 28; amongst various other apps, it can be seen that SKY Cloud WIFI was launched in May 2012 and was later rebranded to SKY WIFI in 2013), SKY branded channels figures in the UK in the period 2008 - 2013 (p.32-33), SKY branded channels figures in Italy 2003 to 2016 (p.37) as well as subscriber figures for ‘SKY BROADBAND’ internet services for 2006-2015 (p.90-91) and for ‘SKY TALK’ telephony services for 2006-2014 (p.94), advertising revenue for 2015 – 2018 for UK and Ireland, Germany and Austria, and Italy (p.118), SKY WIFI public services (p.125-127), Sky advertising expenditure, as reported by third parties (p. 131-134), etc. The witness statement makes reference to the following exhibits (Exhibits 1 to 49):

o Exhibit 1: (4 pages) Document providing a timeline of events in the EUTM proprietor’s history from 1989 to 2018, extracted from www.skygroup.sky.

o Exhibit 2: (19 pages) List of trade marks owned by the EUTM proprietor worldwide that include the element ‘SKY’.

o Exhibit 3: (6 pages) Table containing versions of the ‘SKY’ logo over the years since 1989 up to the present days, such as of ‘SKY’, ‘SKY SPORTS’, ‘SKY ONE’, ‘SKY NEWS’ and ‘SKY MOVIES’.

o Exhibit 4: (28 pages) Copies of pages from Sky’s audited annual accounts confirming the turnover and operating profit figures for 2000-2017.

o Exhibit 5: (146 pages) Sky Group Annual Report 2018 (for the period 01/07/2017 – 30/06/2018).

o Exhibit 6: (80 pages) Several documents compiling images dated 2007-2017 showing Sky retail outlets and kiosks located in the UK, Ireland, Germany and Italy. Printouts from third-party websites (from the retailers Currys, Argos, PCWorld, etc.) obtained in 2018 offering for sale ‘SKY’-branded remote controls, extenders, receivers, encoders, ‘SKY’ broadband, tv and home phone services and packages thereof, etc.

o Exhibit 7: (10 pages) This exhibit contains the following documents:

- a website extract obtained in 2004 from http://web.archive.org showing how the EUTM proprietor’s website www.sky.co.uk looked in 1996 and showing the following image at its top: ;

- a table listing the EUTM proprietor’s live websites as of June 2004 and the years in which each of them went live, as well as a table listing the EUTM proprietor’s websites as of March 2015 and principal websites at March 2018, such as skysports.com, news.sky.com, skycinema.com, skymovies.com, www.go.sky.com, www.skystore.com, www.skyplus.tv, www.skywifi.cloud, www.teamsky.com, etc.

o Exhibit 8: (14 pages) This exhibit contains the following documents:

- an extract from the website of ABC Electronic (ABCE) at www.abce.org.uk, obtained in 2007, providing information about the company and its activities. It is clear from this extract that this is a company that prepares website activity audits and database user demographic audits;

- an ABCE audit report showing the number of page impressions for ‘SKY’ websites, audited for June 2004. The report shows that the websites had 5.9 million unique users for the month audited;

- internet data reports prepared by comScore audience numbers in the UK for ‘Sky Portal’ between December 2010 and November 2013.

o Exhibit 9: (24 pages) Extracts from social media pages (Facebook, Instagram, Twitter) of ‘SKY SPORTS’, ‘SKY NEWS’, ‘SKY TG24’, ‘SKY Deutschland’, ‘SKY TICKET’, ‘SKY SPORT Austria’, ‘SKY Italia’, ‘Team SKY’, etc. obtained in 2017 or 2018 and showing that each of these pages has between several thousand and several million followers.

o Exhibit 10: (16 pages) Extracts dated March-April 2018 from the online application stores GooglePlay and iTunes showing software applications offered by the Sky Group in the UK, Italy and Germany, such as: ‘My Sky’, ‘Sky+’, ‘Sky Store’, ‘Sky News’, ‘Sky Sports’, ‘MeinSky’ in German or ‘Sky Fai da te’, ‘Sky Arte HD per i musei’ in Italian, most of which have been installed between several hundred thousand and several million times.

o Exhibit 11: (15 pages) Extracts from the EUTM proprietor’s websites for its core TV channels in the UK, Italy and Germany, such as SKY Sports, SKY Cinema, SKY News, SKY One, SKY Atlantic, SKY witness, SKY arts, SKY tg24, etc. obtained in August 2018.

o Exhibit 12: (32 pages) Extracts from the Broadcasters’ Audience Research Board (BARB) website at www.barb.co.uk, obtained in August 2018 providing information about the organisation which provides official viewing figures for UK television audiences and the methods of obtaining the data, and containing a glossary of terms. The extracts provide information about television ownership, multichannel development and monthly universe viewing summaries in the UK from 2004 until 2018. There is also a table compiled using data from BARB, concerning the viewing figures for various ‘SKY’ channels for March in each year for 2004-2018, tables with individuals reach figures for various ‘SKY’ channels for 2015-2018.

o Exhibit 13: (85 pages) A compilation of images of ‘SKY’-branded devices and accessories, including packaging thereof, such as set-top boxes, TV boxes and recorders, sound boxes, remote controls, game controllers, music devices, wifi devices, screens, sim cards, speakers, audio devices, USBs, connectors, cables, extenders, linking devices, tv extension leads, digital viewing cards, chargers, powerbanks, wireless routers, wireless booster devices, etc.; extracts from the EUTM proprietor’s websites in the UK, Ireland, Germany, Austria and Italy showing the promotion and advertising of these products; printouts from third party websites; press releases relating to SKY Q – a home entertainment system; and a presentation slide which charts Sky’s innovation history from 1989 to 2018.

o Exhibit 14: (28 pages) Images of a variety of liveried installation vehicles, engineer uniforms and equipment showing ‘SKY’ and ‘SKY SERVICE’ branding, including examples from the UK, Italy and Germany; a press release of 21/12/2016 from sky.com regarding the launch of UK’s Sky’s broadband technical team.

o Exhibit 15: (56 pages) TV interfaces of ‘Sky Guide’ where different TV channels can be selected, such as SKY 1/One, SKY Sports, SKY Movies dated between 1998 and 2016.

o Exhibit 16: (89 pages) Materials referring to the EUTM proprietor’s ‘SKY BROADBAND’, ‘SKY TALK’ and ‘SKY MOBILE’ services:

- extracts from the EUTM proprietor’s website www.sky.com obtained in 2018, showing offers for ‘SKY Broadband and Fibre’, ‘SKY Talk’ and ‘SKY Mobile’ internet and phone services and showing ‘SKY’ broadband equipment installed as part of the ‘SKY Broadband’ packages;

- press releases from the EUTM proprietor’s websites dated 2012-2017 concerning the EUTM proprietor’s ‘SKY Fibre’, ‘SKY Mobile’ ‘SKY Broadband’ and ‘SKY Talk’ services, mentioning awards received by ‘SKY’ in 2014 in relation to its broadband and TV services;

- press cuttings dated 2010-2018 published in various independent media (thesun.co.uk, Mail online, Mirror.co.uk, The Independent, the Guardian, etc.) referring to the EUTM proprietor’s ‘SKY Mobile’ and ‘SKY Broadband’ services.

o Exhibit 17: (27 pages) Extracts from the EUTM proprietor’s websites in the UK, Germany and Italy obtained in August 2018 relating to the ‘SKY GO’ software application and press releases from the EUTM proprietor’s websites relating to this service dated between 2013 and 2016.

o Exhibit 18: (19 pages) Extracts from the EUTM proprietor’s websites in Germany and Spain obtained in 2018 and press releases in independent media dated 2015-2018 regarding the launch of ‘SKY’, ‘SKYONLINE’ and ‘SKY Ticket’ TV streaming services in Spain, Germany and Austria and Italy.

o Exhibit 19: (25 pages) Extracts from the EUTM proprietor’s websites concerning on demand movies and programs through SKY Store, as well as press releases from the EUTM proprietor’s websites dated 2013-2017 related to the development and offering of these services in the UK and Ireland.

o Exhibit 20: (150 pages) Copies of the covers of and pages from editions of ‘SKY’-branded TV listing and information magazines: ‘SKY SkyLife’ in Italian (2008-2018) and ‘SkyTVguide’ (1994-1998), ‘SKY VIEW’ (2000), ‘SKY customer magazine’ (2000-2002), ‘SKY the magazine’ (2002-2006), ‘SKY MOVIES’ magazine (2007), ‘SKY SPORTS’ and ‘SKY SPORTS PREVIEW’ magazines (undated, or dated 2016-2018) and ‘SKY KIDS’ (2007) in English. This exhibit also contains an extract from http://cgi.ebay.co.uk offering a TV memorabilia card game for sale and images of ‘SKY’-branded calendars, football yearbooks, quiz books, sticker books, children’s games sets and card games.

Examples of the covers of the Italian magazine are: ; ; ;

o Exhibit 21: (21 pages) Materials referring to gaming and betting services, namely:

- Extracts from the EUTM proprietor’s websites http://www.skybet.com, http://www.skybingo.com, http://www.skyvegas.com, http://www.skypoker.com and http://www.skycasino.com, obtained in 2018, showing that those websites are online betting platforms;

- Press releases published on the EUTM proprietor’s websites and in several independent media dated 2013-2015 and 2018 concerning the EUTM proprietor’s ‘SKY BET’ brand, the sales of SKY Betting & Gaming stakes and sponsoring activities in 2013 of The Football League by Sky Bet;

- Several screenshots from social media showing publications mentioning ‘SKY BET’.

o Exhibit 22: (4 pages) Information in relation to ‘SKY CARD’, consisting of an extract from the EUTM proprietor’s website www.skycard.com dated 2008 and a press release dated 2005 about the launch of ‘SKY CARD’, informing that SKY CARD is a credit card that can be inserted in a ‘SKY BOX’ for use with ‘SKY’ services such as ‘SKY TV’, ‘SKY BROADBAND’ and ‘SKY TALK’, as well as a design layout for a ‘SKY’ card.

o Exhibit 23: (3 pages) Extract from the EUTM proprietor’s website dated 2018 relating to the ‘SKY PROTECT’ service for insuring ‘SKY’ equipment and devices and providing dedicated information and support related to the company’s products.

o Exhibit 24: (15 pages) Extracts from the EUTM proprietor’s websites dated 2018 advertising the ‘SKY BROADBAND SHIELD’ and ‘SKY TALK SHIELD’ security products for online experience control and calls screening, and press releases published on the EUTM proprietor’s websites in 2013 and 2015 concerning the launch and functions of ‘SKY BROADBAND SHIELD’.

o Exhibit 25: (9 pages) Extracts from the EUTM proprietor’s website dated 2018 and press releases published on its website in 2017 relating to the ‘SKY VIP’ loyalty program available for all Sky’s customers.

o Exhibit 26: (11 pages) An extract from the EUTM proprietor’s website dated 2018 regarding the bar entertainment service ‘SKY BACKSTAGE’ available for free for Sky’s loyalty program members, as well as a website extract from ‘SKY SPORT’ website in German and extracts showing the ‘SKY LOUNGE’ bar restaurant available at some Italian airports.

o Exhibit 27: (12 pages) Extracts from the websites of retailers dated 2018 showing bicycles bearing the signs ‘PINARELLO’ and ‘SKY’ or ‘FROG BIKES’ and ‘TEAM SKY’ and cycling accessories offered for sale, a table with images of bicycles and cycling accessories with the mark ‘SKY’ or ‘TEAM SKY’ and a press release of March 2018 informing on the launch of a kids’ bike range developed by Team Sky and Frog Bikes.

o Exhibit 28: (75 pages) Extracts from the EUTM proprietor’s websites and the websites of retailers offering for sale sports clothing, headgear, bags, accessories and other merchandising articles such as mugs, bags, umbrellas and images of such products, all branded as ‘SKY’, ‘TEAM SKY’, ‘SKY SPORTS’ and ‘SKY VR46 RACING TEAM’.

o Exhibit 29: (6 pages) Extracts from the EUTM proprietor’s websites and the websites of retailers offering for sale nutrition products and images of such products, all bearing the sign ‘TEAM SKY’.

o Exhibit 30: (20 pages) Materials referring to the EUTM proprietor’s services for business customers, namely:

- extracts from the EUTM proprietor’s website https://business.sky.com obtained in 2016 and 2018 (one in German, the rest in English), with offers for business customers (pubs, hotels, clubs, care homes, offices) providing access to the EUTM proprietor’s services ‘SKY SPORTS’ and ‘SKY TV & WiFi’;

- advertising leaflets dated 2016 concerning service packages for business customers concerning the EUTM proprietor’s ‘SKY’ and ‘SKY SPORTS’ services. It becomes clear that the subscription to these service packages gives access to TV channels and exclusive live sports content to establishments to which the public is admitted such as public houses and hotels.

o Exhibit 31: (36 pages) Materials referring to the EUTM proprietor’s brand ‘SKY MEDIA’, namely extracts from the EUTM proprietor’s websites dated 2016 with information about ‘SKY MEDIA’ - the advertising sales division of the EUTM proprietor, and ‘SKY AdSmart’, and press cuttings from independent sources dated 2007 and 2013-2016 concerning ‘SKY MEDIA’ and ‘SKY AdSmart’. The press cuttings report, for example, that ‘Sky Media is the largest TV sales house in the world, representing more than 60 channels, (…) This year also saw the introduction of on-line and mobile sales division ‘Sky Digital Media’ (2007, MediaWeek), ‘More than 500 advertisers have used Sky AdSmart since its launch in January 2014, delivering more than 2,000 campaigns (…) Sky AdSmart has been a phenomenal success since its launch with hundreds of local businesses benefiting from the unrivalled power of TV advertising.’ (2015, Boston Standard), ‘Sky’s AdSmart are taking us into the era of what might be called the selfie ad (...) SKY believes that AdSmart will help it generate better results for TV advertisers. It also thinks the technology has the potential to target non-TV ad spend (…).’ (2014, Broadcasts), ‘After a six months trial period, SKY has launched the AdSmart system around six million homes in the UK having Sky+HD set-top boxes for sending personalised TV advertisement breaks’ (2014, World market Intelligence’), etc.

o Exhibit 32: (29 pages) Extracts from the EUTM proprietor’s websites dated 2018 regarding production and distribution of entertainment programmes and content under the brand ‘SKY VISION’ and press articles in the EUTM proprietor’s websites and in independent media dated 2013-2018 in relation to ‘SKY VISION’ and ‘SKY ORIGINAL PRODUCTIONS’ production/co-production activities of the EUTM proprietor.

o Exhibit 33: (137 pages) Extracts from the EUTM proprietor’s and other parties’ websites dated 2013-2018 showing ‘SKY WiFi’ internet services for business customers.

- Extracts from Sky’s website www.skywifi.cloud and www.sky.com/wifi presenting the goods and services offered under the brand ‘SKY WIFI’ in relation to Wi-Fi hotspots throughout the UK, both to consumers and businesses;

- Extracts from Sky’s website www.service.thecloud.net, including the webpage allowing users to register and login to Sky’s ‘SKY WIFI’ hotspots;

- Web extracts showing use of ‘SKY WIFI’ in relation to an Apple and Android mobile application named ‘Sky WiFi Finder’, which enables consumers to gain internet access through Sky’s ‘SKY WIFI’ hotspots and locate such hotspots;

- Web extracts from various institutions offering Sky’s ‘SKY WIFI’ hotspots to their customers, including universities and an operator of horse races;

- Extracts from Sky’s website showing the presence of hundreds of ‘SKY WIFI’ hotspots in selected locations in London, Manchester and Birmingham;

- Various third party articles presenting Sky’s goods and services offered under the ‘SKY WIFI’ brand.

o Exhibit 34: (45 pages) Extracts from the EUTM proprietor’s websites dated 2018 relating to ‘SKY’ for business entertainment and communication services for business customers, as well as extracts from information sheets (2018) regarding Sky’s ETHERNET service.

o Exhibit 35: (892 pages) Samples of advertising materials relating to various advertising campaigns for ‘SKY’ products (e.g. ‘SKY NEWS’, ‘SKY SPORTS’, ‘SKY MOVIES’, ‘SKY+ HD’ boxes offered with ‘SKY’ HD packages and TV subscriptions, ‘SKY’ TV, broadband and calls packages, ‘SKY ATLANTIC’ TV channel, ‘SKY mobile TV’ and ‘SKY Go’ mobile services) between 2009 and 2014 (some containing indications of the date and others dated by the EUTM proprietor or undated). For some of the materials, it is indicated that they were published in UK or Irish media (e.g. the Irish Times, the Daily Mail and the Evening Standard), while others were intended to be distributed by post or there is no information on how and where they were made available.

o Exhibit 36: DVD with a selection of advertisements used, according to the EUTM proprietor, in the periods 1992-2009 and 2010-2015 for some of the EUTM proprietor’s ‘SKY’-branded products (e.g. Sky Movies, Superfast Sky Fibre, Sky HD Box, Sky, Sky Sports, etc.), some of them featuring famous celebrities such as Dustin Hoffman, Al Pacino and David Beckham.

o Exhibit 37: (45 pages) This exhibit contains the following documents:

- an extract from the website of Nielsen Media Research www.nielsenmedia.co.uk dated 2007, providing information about the company, which is a leader in multinational media research and analysis.

- a selection of press cuttings published in the magazines Campaign and Marketing between 1999 and 2007, showing the rankings of major advertising spenders in the United Kingdom together with a summary of the methodology used by Nielsen Media Research. The company BSkyB (the EUTM proprietor’s predecessor) appears among the top ten advertisers from 2004 on and is present in the top 30 advertisers in previous years.

o Exhibit 38: (20 pages) Images of promotional merchandising items showing the signs ‘SKY’, ‘SKY SPORT’, ‘SKY MEDIA’, ‘SKY ARTS’, ‘SKY 1’, ‘SKY RADIO’.

o Exhibit 39: (102 pages) Materials referring to the EUTM proprietor’s ‘TEAM SKY’ activities:

- extracts from the EUTM proprietor’s website www.teamsky.com obtained in 2018 and 2015, showing publications in relation to the EUTM proprietor’s professional cycling team ‘TEAM SKY’ created in 2009. A page mentions different sponsors of the team;

- press cuttings dated 2010-2015 published in various media in different languages referring to the EUTM proprietor’s ‘TEAM SKY’ cycling team and its activities, the participation of its members in the Tour de France and their success;

- screenshots from the EUTM proprietor’s mobile application ‘TEAM SKY’ showing, for example, sports news articles and races information and a screenshot showing that the app ‘Team Sky Cycling’ available for download;

- an extract from the website www.rapha.cc, showing a ‘TEAM SKY’ T-shirt available for purchase online.

o Exhibit 40: (79 pages) Materials referring to the ‘SKY RACING TEAM VR46’ sponsored by the EUTM proprietor:

- extracts from the EUTM proprietor’s websites www.sport.sky.it in Italian and from third parties’ websites in English obtained in 2015 referring to the ‘SKY RACING TEAM VR46’, a motorcycling racing team sponsored by the EUTM proprietor;

- press clippings and press releases dated 2014-2018 from various media in English and Italian referring to the performance of pilots from the Sky racing team;

- a website extract showing ‘SKY RACING TEAM’ branded products available for purchase online.

o Exhibit 41: (63 pages) Materials and reports dated 2015-2016 or undated referring to the EUTM proprietor’s ‘corporate social responsibilities’ initiatives through, for example, ‘Sky Academy’ in the UK aimed to develop a series of initiatives to help young people build practical skills and experience, and ‘SKY Foundation’ in Germany aimed to help young people who have disabilities or are from disadvantaged backgrounds; press releases dated in 2017 and 2018 relating to ‘SKY OCEAN VENTURES’ and ‘SKY OCEAN RESCUE’ environmental initiatives.

o Exhibit 42: (8 pages) A document/table prepared by the EUTM proprietor containing a table of awards won by Sky between 1992 and 2015, such as awards won by the ‘SKY NEWS’ and ‘SKY SPORTS’ television channels, as well as awards won for TV and subscription services, ‘SKY+’ and ‘SKY SPORTS’ mobile apps, ‘SKY+’ and ‘SKY NOW’ TV boxes, brand PR campaigns, ‘SKY MEDIA’ awards.

o Exhibit 43: (77 pages) This exhibit contains the following documents:

- A brochure and a website extract, both dated 2005, with information about Factiva, a Dow Jones & Reuters Company, which provides business information and research services.

- Internet search results obtained via Factiva in 2005 and 2006 for publications dated 04/04/1998-04/04/2000 (2 253 results) and 14/05/2003-14/05/2005 (4 794 results) containing the words ‘SKY DIGITAL’, ‘SKY MOVIES’, ‘SKY NEWS’, ‘SKY ONE’ and/or ‘SKY SPORTS’.

- Internet search results obtained via Factiva in 2016 for publications dated 01/02/2010-31/01/2012 (59 333 results), 01/02/2012-31/01/2014 (91 656 results) and 01/02/2014-31/01/2016 (120 537 results) containing the words ‘SKY SPORTS’, ‘SKY MOVIES’, ‘SKY ATLANTIC’, ‘SKY 1’, ‘SKY ACADEMY’, ‘SKY NEWS’, ‘SKY BROADBAND’, ‘SKY+’ or ‘SKY Q’.

o Exhibit 44: (14 pages) Several tables with figures:

- a table prepared by the Audit Bureau of Circulation Ltd (ABC), containing national press circulation figures for 1999-2005 for various UK newspapers and magazines;

- a table prepared by Mediatel.co.uk dated 10/11/2015 with average net circulation figures audited by ABC for 2005-2015 for various UK newspapers and magazines;

- a table prepared by the National Readership Survey (NRS), containing national press readership figures for 1998-2004 for various UK newspapers and magazines;

- a table prepared by the National Readership Survey (NRS), containing national press readership figures for 07/2013-06/2015 for various UK newspapers and magazines.

o Exhibit 45: (53 pages) A witness statement dated 16/09/2005 by Mr N. W., Managing Director of Decipher Consultancy Limited, an expert consultancy firm in the area of digital media strategy in the United Kingdom. According to the statement, ‘SKY’ is one of the best-known brands in the UK in the television field. The witness statement is accompanied by three documents: a document entitled ‘Background & Information on Decipher’, dated June 2005, providing information about the consultancy company, its management and its activities; a document entitled ‘Interactive Technology Road Map’, prepared by Decipher in January 2000, providing information about the consultancy company and an overview of interactive technology; a document relating to the activities of the company ActiveSky which was a party in other proceedings lead by the EUTM proprietor. This exhibit also contains a witness statement dated 20/12/2006 by Mr N. W. confirming the statements he made in his previous witness statement dated 2005, in particular that ‘SKY is now one of the most well-known brands in the UK’.

o Exhibit 46: (26 pages) Excerpts from reports and publications on the economic value and ranking of brands, published by brand consultants in the years 2010-2015. Some conclusions of the reports are the following: according to brandirectory.com ‘SKY’ is at 13th position for most valuable brands of British origin in 2015 and at 14th in 2014; the EUTM proprietor company was ranked as Britain’s most admired company in 2009 by Management Today; ‘SKY’ was ranked 140th in the ranking of the 500 highest-value brands worldwide according to Brand Finance Global 500 2015 dated February 2015; ‘SKY’ was ranked 75th in the ranking of the 500 official top 500 consumer brands in 2012 according to Superbrands, the EUTM proprietor company was ranked 37th from The Most Innovative Companies in 2010 by The Boston Consulting Group.

o Exhibit 47: (45 pages) A document prepared by the EUTM proprietor in the form of a table containing a list of decisions with positive outcomes for the EUTM proprietor taken as of 2018 in relation to ‘SKY’ marks globally, including in the European Union. The list gives the contested trade mark, the relevant territory, the date of the decision and the relevant classes of the Nice Classification for each case.

o Exhibit 48: (184 pages) Decisions of national authorities in the United Kingdom, Ireland, Italy, Spain, Greece and Romania concerning successful actions by the EUTM proprietor against various trade marks containing the element ‘SKY’ (e.g. word and figurative marks ‘SKYSTORM’, ‘SKYWORTH’, ‘SKY BUSINESS CENTRES’, ‘SKYTEK’, ‘SKYLINE NEWS’, ‘SKY BETS SPORT’).

o Exhibit 49: (60 pages) Decisions of the EUIPO/General Court concerning successful oppositions by the EUTM proprietor against various trade marks containing the element ‘SKY’ (e.g. word and figurative marks ‘SKYMEETING’, ‘RUN2SKY’, ‘SKYBUBB AR’, ‘SKYPE’).

 Annex 2: (23 pages) Decision of EUIPO’s Board of Appeal - Pirelli Tyre S.p.A and Continental Reifen Deutschland GmbH (Case R 1974/2015).

 Annex 3: (91 pages) EUIPO Decision in Opposition No B 2 707 415 - SkySong Fireworks.

 Annex 4: (27 pages) EUIPO Decision in Opposition No B 2 859 570 – Vsky Cube.

 Annex 5: (14 pages) Schedule cross-referencing use of SKY and SKY-formative marks as evidenced in E.C.’s Witness Statement.

 Annex 6: (5 pages) Schedule cross-referencing use of SKY WiFi as evidenced in E.C.’s Witness Statement.

 Annex 7: (13 pages) Extracts printed from Eurostat’s (the European Union’s statistical office) website showing information on the size of the population of EU and the United Kingdom.

 Annex 8: (5 pages) Extracts from Oxford dictionaries online giving a definition of ‘WiFi’.

 Annex 9: (29 pages) Extracts from dictionaries and websites giving definitions/ information of BROADBAND, HUB, WIRELESS, BOOSTER, WLAN, MODUL/MODULE, ETHERNET.

 Annex 10: (78 pages) Website extracts showing use of BROADBAND, HUB, WIRELESS, BOOSTER, WLAN, MODUL/MODULE, ETHERNET.

 Annex 11: (58 pages) EUIPO Decision in Revocation No 2921 C – SKY and the corresponding decision of EUIPO’s Board of Appeal of 13/05/2013 (case R 2416/2010-2).

In its response dated 16/03/2020, the EUTM proprietor further submitted the following documents:

 Annex 1: (21 pages) Extracts from licence agreements dated 30/11/2012 and 11/11/2015 between the EUTM proprietor and British Sky Broadcasting Group Plc and Sky Plc.

 Annex 2: (4 pages) Extract of 27/02/2020 from sky.com/wifi/hotspotfinder showing locations of SKY WIFI hotspots offered throughout the Republic of Ireland.

 Annex 3: (4 pages) Extract of 04/03/2020 from sky.com showing some examples of the use of SKY WiFi and SKY services and products.

Preliminary remarks

The applicant contests the evidence of use filed by the EUTM proprietor on the grounds that it does not originate from the EUTM proprietor itself but from other companies.

According to Article 18(2) EUTMR, use of the European Union trade mark with the consent of the proprietor is deemed to constitute use by the proprietor. The fact that the EUTM proprietor submitted evidence of use of its marks by a third party implicitly shows that it consented to this use (08/07/2004, T‑203/02, Vitafruit, EU:T:2004:225).

Consequently, and as confirmed by the EUTM proprietor, since it can be presumed that the evidence filed by the EUTM proprietor is an implicit indication that the use was with its consent, the applicant’s claim is unfounded.

To this extent, and in accordance with Article 18(2) EUTMR, the Cancellation Division considers that the use by those other companies was with the EUTM proprietor’s consent and, therefore, is equivalent to use by the EUTM proprietor itself.

The applicant argues that the witness statement of Mrs. E. C. has no evidentiary value, comes from the sphere of the proprietor itself and has low probative value. Article 10(4) EUTMDR (applicable to cancellation proceedings by virtue of Article 19(2) EUTMDR) expressly mentions written statements referred to in Article 97(1)(f) EUTMR as admissible means of proof of use. Article 97(1)(f) EUTMR lists, as means of giving evidence, sworn or affirmed written statements or other statements that have a similar effect under the law of the State in which they were drawn up. As far as the probative value of this kind of evidence is concerned, statements drawn up by the interested parties themselves or their employees are generally given less weight than independent evidence. This is because the perceptions of a party involved in a dispute may be more or less affected by its personal interests in the matter.

However, this does not mean that such statements do not have any probative value at all. The final outcome depends on the overall assessment of the evidence in the particular case. The probative value of such statements depends on whether or not they are supported by other types of evidence (labels, packaging etc.) or evidence originating from independent sources.

In view of the foregoing, the remaining evidence must be assessed in order to see whether or not the contents of the declarations are supported by the other items of evidence. In the present case, the Cancellation Division considers that the remaining and abundant evidence available on file (such as audited annual accounts/reports, extracts from numerous third party websites, extracts from social media accounts, numerous press releases, including from independent media, extracts from the proprietor’s websites, including via the Wayback machine, promotional and advertising materials, previous decisions of courts or administrative authorities, etc.) sufficiently confirms and supports the contents of the witness statement, and there is no reason to deprive the witness statement of probative value.

Furthermore, the applicant argues that not all the items of evidence indicate genuine use in terms of time, place, extent, nature and use for the goods and services for which the EUTM is registered. The applicant’s argument is based on an individual assessment of each item of evidence regarding all the relevant factors. However, when assessing genuine use, the Cancellation Division must consider the evidence in its entirety. Even if some relevant factors are lacking in some items of evidence, the combination of all the relevant factors in all the items of evidence may still indicate genuine use.

As a last preliminary point and as mentioned above, the EUTM proprietor filed some additional evidence in its last observations of 16/03/2020, i.e. after expiry of the time limit. However, in the present case, the issue of whether or not the Office may exercise the discretion conferred on it by Article 95(2) EUTMR to take into account the additional evidence submitted on 16/03/2020 can remain open. This is because this additional evidence merely clarifies some points raised by the applicant in relation to the evidence submitted initially, and it does not introduce new elements of evidence that can alter or affect the outcome of the proceedings. It does not refer to any additional goods and services other than those for which use is deemed proven on the basis of the initial evidence.

Assessment of genuine use – factors

Time of use

The evidence must show genuine use of the European Union trade mark within the relevant period.

Part of the evidence is dated within the relevant time frame, as detailed above when listing the evidence of use. Indeed, as the EUTM proprietor itself admits, another part of the evidence is dated outside the relevant period and, for this reason, cannot be taken into account. However, a sufficiently large amount of the evidence falls within, or can safely be attributed to refer to use within and throughout the entire relevant period of time.

Therefore, the evidence of use filed by the EUTM proprietor contains sufficient indications concerning the time of use.

Place of use

The evidence must show that the contested European Union trade mark has been genuinely used in the European Union (see Article 18(1) EUTMR and Article 58(1)(a) EUTMR).

According to case-law and following ‘Leno Merken’ case (19/12/2012, C-149/11, Leno, EU:C:2012:816, § 44), Article 18(1) EUTMR must be interpreted as meaning that the territorial borders of the Member States should be disregarded when assessing whether an EUTM has been put to ‘genuine use’ in the Union. As the Court indicated in ‘Leno Merken’, it is impossible to determine a priori, and in the abstract, what territorial scope should be chosen in order to determine whether the use of the mark is genuine or not. A de minimis rule cannot be laid down (§ 55). All the relevant facts and circumstances must be taken into account, including the characteristics of the market concerned, the nature of the goods or services protected by the trade mark and the territorial extent and scale of the use as well as its frequency and regularity (§ 58). Use of an EUTM in the UK (15/07/2015, T-398/13, TVR ITALIA (fig.) / TVR et al., EU:T:2015:503, § 57) or even in London and its immediate surroundings may be geographically sufficient (30/01/2015, T-278/13, now, EU:T:2015:57).

In relation to the place of use, the applicant argues that even if use of the contested EUTM could be proven for the territory of the UK, quod non, such use would not be sufficient to meet the necessary requirements and refers to Sofa Workshop Limited vs. Sofa Works Limited [2015] EWHC 1773 (IPEC) in support of its arguments. In this regard, it is recalled that the Office is not bound by findings of the national offices and national courts. In addition, the case referred to by the applicant is not relevant for the present case, as it concerns completely different proceedings, factual/legal background and trade marks. In addition, as mentioned above, according to established case-law, the territorial borders of the Member States should be disregarded when assessing whether an EUTM has been put to ‘genuine use’ in the Union.

In the present case, the evidence shows that the place of use is primarily the UK and Ireland, but also other Member States such as Germany, Austria and Italy. This can be inferred from the language of the documents, the turnover and sales/subscriber figures provided, the detailed annual reports verified by independent auditors, numerous third-party websites and the proprietor’s websites, images of Sky retail outlets and kiosks, etc. Consequently, taking into account the relevant circumstances of the case, the characteristics of the market and goods/services, as well as the scale, frequency and territorial scope, it is considered that the evidence is sufficient to satisfy the European requirements or standards for genuine use. Therefore, the evidence relates to the relevant territory and the applicant’s abovementioned argument is rejected as unfounded.

Nature of use: use as a trade mark

Nature of use requires, inter alia, that the contested European Union trade mark is used as a trade mark, that is, for identifying origin, thus making it possible for the relevant public to distinguish between goods and services of different providers.

In the present case, the evidence contains sufficient indications that the contested EUTM was used as a trade mark. The evidence filed by the EUTM proprietor shows a link between some of the registered goods and services in question and the use of the mark and that the EUTM was used in accordance with its essential function, which is to guarantee the commercial origin of the goods/services for which it is registered.

Nature of use: use of the mark as registered

‘Nature of use’ in the context of Article 10(3) EUTMDR further requires evidence of use of the mark as registered, or of a variation thereof which, pursuant to Article 18(1)(a) EUTMR, does not alter the distinctive character of the contested European Union trade mark.

The purpose of Article 18(1)(a) EUTMR, which avoids imposing strict conformity between the form in which the trade mark is used and the form in which it was registered, is to allow its proprietor, when exploiting it commercially, to vary it in such a way that, without altering its distinctive character, enables it to be better adapted to the marketing and promotion requirements of the goods or services concerned (23/02/2006, T‑194/03, Bainbridge, EU:T:2006:65, § 50).

The General Court further mentioned that strict conformity between the sign as used and the sign registered is not necessary. However, the difference must be in negligible elements and the signs as used and registered must be broadly equivalent (23/02/2006, T-194/03, Bainbridge, EU:T:2006:65, § 50). In order to decide whether the sign as used and the sign as registered are broadly equivalent, it must first be established what elements are negligible.

The applicant criticizes the evidence on the grounds that it does not show use of the contested EUTM and argues that it cannot be deemed that use of SKY in isolation or as SKY BROADBAND, SKY HUB, SKY WIRELESS BOOSTER, SKY WLAN MODUL and SKY ETHERNET constitute use of the contested EUTM in a form that does not alter its distinctiveness, since the signs are essentially different. According to the applicant, due to the fact that the contested EUTM ‘SKY WIFI’ constitutes a mark composed of two juxtaposed components, the omission of the component WIFI alters the distinctive character of the mark as such. In addition, the applicant notes that no indication is given that WIFI is perceived as descriptive for the goods and services at issue and that there are many trade mark registrations for ‘WIFI’ alone or in combination with non-distinctive components.

In the present case, the registered mark is the word mark ‘SKY WIFI’. Contrary to the contention of the applicant, part of the evidence (such as the witness statement filed as Annex 1, Exhibits 7 and 30, as well as the entire Exhibit 33) shows uses of ‘SKY WIFI’, that is of the mark as registered.

Indeed, another part of the evidence shows uses of the term ‘SKY’ alone, or uses with numerous additions such as SKY BROADBAND, SKY HUB, SKY WIRELESS BOOSTER, SKY WLAN MODUL(E), SKY ETHERNET, SKY E-MAIL as well as SKY SPORTS, SKY SPORTS PREVIEW, SKY 1/ONE, SKY NEWS, SKY CARD, SKY MOVIES, SKY Deutschland, SKY TICKET, SKY BET, SKY SPORT Austria, SKY KIDS, SKY Talk and SKY Mobile, SKY Fibre, SKY PROTECT, TEAM SKY, SKY STORE, SKY ONLINE, SKY MEDIA, Sky WiFi Finder, SKY+ HD, ‘SKY mobile TV’, SKY ORIGINAL PRODUCTIONS, etc. Therefore, it remains necessary to determine whether these uses where ‘WIFI’ is omitted and other verbal elements are added instead, alter the distinctiveness of the contested EUTM or not.

The Cancellation Division considers that all these abovementioned variations do not alter the distinctive character of the mark and all of them are acceptable. This is because the omitted term ‘WIFI’ is universally recognised and understood term, not only in English, but in the majority, if not all, of European languages. It refers to a system that allows machines to wirelessly access the internet and is undoubtedly descriptive and even generic in relation to the relevant goods and services, in relation to which use is being recognised. Omissions that are just indications of characteristics of the goods and services, such as their kind, quality, quantity, intended purpose, value, geographical origin or the time of production of the goods or of rendering of the services, in general constitute use of an acceptable variant. In view of this, the Cancellation Division considers that the omission of ‘WIFI’ does not alter the distinctive character of the registered mark, as it occupies a secondary position and is a merely descriptive term indicating relevant characteristics of the goods and services, such as their kind, intended purpose, subject matter, the manner/means through which the services are rendered, or closely related to, etc. On the other hand, the initial term ‘SKY’ of the contested EUTM is inherently distinctive in relation to all the goods and services and, as it is clear from the evidence, including numerous previous decisions of the Office and other authorities, it is the main identifier of origin and the house mark of the EUTM proprietor.

Use of a registered word mark (or any other mark) together with a generic indication of the product or descriptive terms is considered as use of the registered mark. In the present case, all the added words, in particular broadband, hub, wireless booster, wlan modul(e), ethernet, e-mail, as well as of sports, sports preview, one, news, card, movies, Deutschland, ticket, bet, sport Austria, kids, talk, mobile, fibre, protect, team, store, online, media, finder, + HD, mobile TV, original productions are purely descriptive indications that indicate relevant characteristics of the goods and services, such as their kind, nature, purpose, quality, type, geographic origin or value. These additions have a clearly descriptive and ancillary position to the inherently distinctive house brand ‘SKY’ and the proprietor uses all these additions to identify its many different lines of diversified business activities. Therefore, all these added terms are purely descriptive indications of the proprietor’s lines of goods/services and are, therefore, non-distinctive and do not alter the distinctive character of the mark either.

The applicant’s argument that there are many trade mark registrations for ‘WIFI’ alone or in combination with non-distinctive components is not well-founded and the list of trade marks it provided is not relevant, as it is not indicative of the consumer perception of the word ‘WIFI’ in the market.

Therefore, although the use of the contested mark varies at times, this does not affect its distinctive character, because the variations and/or additional/omitted elements are either generic and/or descriptive, or decorative (such as basic colours and fonts of the letters) and add very little to the distinctiveness of the sign. Consequently, the evidence gives sufficient indications of the use of the mark as registered or, of a variation thereof which, pursuant to Article 18(1)(a) EUTMR, does not alter its distinctive character. Therefore, the requirements of Article 18 EUTMR have been met.

However, as to some uses with added verbal elements like ‘Sky Go’, ‘SKY Q’, ‘SKY Life’ and ‘SKY Atlantic’, the Cancellation Division does not deem them to be acceptable variations and considers that these do not constitute use of the contested EUTM ‘Sky WIFI’ in a form which does not alter the distinctive character of the mark as registered. This is because the terms added to ‘SKY’ are not directly descriptive, devoid of distinctive character or weak in relation to the goods and services at issue. While indeed ‘SKY’ is an independent sign and the house brand of the proprietor and ‘WIFI’ is purely descriptive, the addition of (fairly) distinctive terms as Q, Life, Go and Atlantic, alters the distinctive character of the contested mark as registered, since the signs appear essentially different.

The Cancellation Division does not consider either that these are acceptable uses on the basis of the EUTM proprietor’s assertion that these signs belong to the the SKY ‘family of marks’, and as such amount to genuine use of ‘SKY WIFI’. As argued by the applicant, the existence of a family of marks and the use of the registered mark in a form which does not alter its distinctive character are two different issues. A family of marks is an additional factor relating to the assessment of the likelihood of confusion under Article 8(1)(b) EUTMR or, as the case may be, the existence of a link under Article 8(5) EUTMR. Nature of use in the context of revocation proceedings under Article 58(1)(a) EUTMR is one of the requirements to be proved by the EUTM proprietor and relates to, inter alia, evidence of the use of the mark as registered, or of a variation thereof according to Article 18(1)(a) EUTMR.

Extent of use

Concerning extent of use, it is settled case-law that account must be taken, in particular, of the commercial volume of the overall use, as well as of the length of the period during which the mark was used and the frequency of use (e.g. 08/07/2004, T‑334/01, Hipoviton, EU:T:2004:223, § 35).

The assessment of genuine use entails a degree of interdependence between the factors taken into account. Thus, the fact that commercial volume achieved under the mark was not high may be offset by the fact that use of the mark was extensive or very regular, and vice versa. Likewise, the territorial scope of the use is only one of several factors to be taken into account, so that a limited territorial scope of use can be counteracted by a more significant volume or duration of use.

The Court has held that ‘[u]se of the mark need not … always be quantitatively significant for it to be deemed genuine, as that depends on the characteristics of the goods or service concerned on the corresponding market’ (11/03/2003, C‑40/01, Minimax, EU:C:2003:145, § 39). In addition, under certain circumstances, even circumstantial evidence, despite not providing direct information on the quantity of goods actually sold, can be sufficient by themselves to prove the extent of use in an overall assessment (15/07/2015, T-398/13 TVR ITALIA (fig.) /TVR et al., EU:T:2015:503, § 57-58; 08/07/2010, T-30/09, Peerstorm, EU:T:2010:298, § 42 et seq.).

The Cancellation Division is of the opinion that for part of the contested goods and services for which the EUTM is registered, the evidence (especially the figures provided in the witness statement affirmed at least partially by the certified annual reports and corroborated by information from independent third-party sources, as well as the evidence showing the availability of the goods/services for sale including via third party websites, the numerous press articles and advertising activities, rankings by independent entities, website visits and views, etc.), gives sufficient information regarding the extent of use of the mark. The evidence shows that the EUTM proprietor has sold and offered part of the relevant goods and/or services uninterruptedly throughout the whole relevant period, in sufficiently large quantities and in several EU Member States. Taking into account the nature of the goods/services and the evidence from independent sources, irrespective of the lack of direct sales documents such as invoices, the evidence contains clear indications that the volume of the exploitation of the mark is far from token.

The applicant argues that no invoices were submitted or any specific information regarding use of the contested EUTM. However, as mentioned, in spite of the lack of direct sales documents, such as invoices, or in some cases, the absence of clear sales amounts for some of the individual goods and services, it should be remembered that evidence of use may be of an indirect/circumstantial nature. In addition, account is also taken of the wide range of activities and broad spectrum goods and services offered by the EUTM proprietor. It should be remembered that a piecemeal approach to the evidence is not appropriate and factors that are lacking in some items of the evidence, could be compensated when the evidence is viewed in combination. As outlined above, use of the mark need not be quantitatively significant for it to be deemed genuine and the purpose of providing genuine use is not to assess commercial success or to review the economic strategy of an undertaking.

In the present case, the witness statement of Mrs E. C. provides extensive and detailed information, it contains figures thereof and is accompanied by abundant evidence to which it refers. In that context, the evidential value of the witness statement must be regarded as rather high, in general.

In particular, the witness statement contains an overview of the activities and history of the Sky group of companies and brands. It states that the proprietor operates the leading pay television service, inter alia, in the United Kingdom, as well as in several other Member States, broadcasting a wide range of TV channels, and providing broadband and telephony goods and services. The witness statement provides information about the proprietor’s activities, including advertising revenue and expenditure, turnover and subscribers figures for the UK, Ireland, Germany, Austria and Italy and is supported by various exhibits. The number of customers and subscribers to the various services of the proprietor is significant and grew constantly during the relevant period 2013 - 2018.

The witness statement also describes the proprietor’s ‘SKY’-branded telecommunication services such as regular telephony services, Internet and portal services and e-mail services, under the names ‘SKY BROADBAND’, ‘SKY TALK’, ‘SKY MOBILE’, ‘SKY E-MAIL’, ‘SKY WIFI’ and refers to millions of subscribers, including business clients and public institutions. SKY has launched HD (high definition) television services since 2006, and the ‘SKY HD’ TV channels have evolved to several million subscribers in the relevant period and territories. SKY launched 3D television services in 2010 and in 2015 SKY 3D became a fully on demand service in the UK.

The information given in relation to the proprietor’s goods and services is completed by its own press releases (e.g. Exhibits 16, 19, 21, 31, 32, 37), as well as by numerous independent press articles, giving information about its activities in the fields of telecommunications, entertainment, advertising, broadcasting and content production (under the signs e.g. ‘SKY BROADBAND’, ‘SKY WIFI’, ‘SKY TALK’, ‘SKY BET’, ‘SKY MEDIA’, ‘SKY ORIGINAL PRODUCTIONS’).

The proprietor also provides information about ‘SKY’-branded goods (e.g. Exhibit 13), such as set-top boxes, TV boxes, video recorders, remote controls, power units, chargers, cables, extenders, software applications, sound systems, wifi devices, USBs, connecting devices, routers, boosters, home entertainment systems, etc. and the advertising campaigns in relation to some of these products. It can also be seen from Exhibit 35 that these have been broadly advertised, including up to the beginning of the relevant period.

The witness statement of Mrs E. C. also provides information on different ‘SKY’ magazines (published under various modifications of the name, such as ‘SKY SkyLife’ in Italian (2008-2018), ‘SKY SPORTS’ and ‘SKY SPORTS PREVIEW’ (dated 2016-2018). As to the ‘SKY SkyLife’ magazine, the Cancellation Division notes that it is deemed acceptable, because, as shown by the several examples above in the listing of the evidence (Exhibit 20), the magazines are identified also clearly with the main brand ‘SKY’, which occupies a central position and is much more sizable than ‘Sky Life’ that appears underneath. Moreover, in the assessment of genuine use, it is not decisive whether the goods/services are rendered jointly and autonomously under various trade marks, for example the house mark, a line of goods/services or individual trade marks for specific goods/services (26/03/2020, T-653/18, GIORGIO ARMANI le Sac 11 (fig.) / LESAC et al., EU:T:2020:121, § 59).

The documents (e.g. Exhibits 31 and 37) provide indications in relation to the proprietor’s advertising activities marketed as ‘SKY MEDIA’ around the provision of advertising space, time and media and the production of advertising campaigns, which were promoted through the proprietor’s websites giving information about advertising opportunities through the ‘SKY’ television channels, the SKY magazines, the SKY websites, etc. Some articles give information on the activities of ‘SKY MEDIA’, the advertising sales division of the company, including the Sky AdSmart platform that allows customers to segment TV audience based on specific attributes, mentioning that Sky AdSmart has been a phenomenal success since its launch with hundreds of local businesses benefiting from the unrivalled power of TV advertising’ (2015, Boston Standard).

The witness statement of Mrs E. C. furthermore provides an overview of the proprietor’s own global expenditure on marketing and promoting its business, primarily under the ‘SKY’ trade marks, derived from its audited annual reports, amounting to several hundred million GBP spent per year.

The proprietor also provided information in relation to its various software applications, streaming services, on-demand services, pay-per-view services (SKY STORE), gaming and betting services, SKY PROTECT service for insuring equipment and devices, SKY BROADBAND SHIELD and SKY TALK SHIELD security products for online experience control and calls screening, its TEAM SKY and SKY RACING TEAM sporting activities, its production/co-production activities under ‘SKY ORIGINAL PRODUCTIONS’, Sky’s ETHERNET services, as well as sponsorship and education and/or social responsibility initiatives, such as ‘Sky Academy’ in the UK, ‘SKY Foundation’ in Germany, ‘SKY OCEAN RESCUE’, etc.

The proprietor provided viewing figures from BARB of different ‘SKY’ channels, reports on the ranking of the SKY brands in 2014 and 2015, documents referring to its sponsoring activities and awards won. Although some of the documents with statistical information have been prepared by the EUTM proprietor itself and have, therefore, less probative value, these documents are sufficiently supported by other documents, such as the annual reports and accounts, which are public and have been audited by independent parties, and by the references to the proprietor’s activities in various independent publications and third party sources.

In summary, the Cancellation Division finds that the evidence in its entirety and based on an overall assessment, gives sufficient information regarding the extent of use of the mark for part of the contested goods and services for which the EUTM is registered (see next section). The evidence shows that the EUTM proprietor has used the mark publicly and outwardly; it offered, promoted and/or sold the relevant goods and services within the relevant period and in the territory of several Member States.

Use in relation to the registered goods and services

Article 58(1)(a) EUTMR and Article 10(3) EUTMDR require that the EUTM proprietor proves genuine use for the contested goods and services for which the European Union trade mark is registered.

The contested EUTM is registered for a number of goods and services in Classes 9, 16, 28, 35, 36, 38, 41, 42 and 45. However, as mentioned above, the evidence filed by the EUTM proprietor does not show genuine use of the trade mark for all the contested goods and services.

This has been confirmed by the EUTM proprietor itself who provided, as part of its observations, a detailed table with goods and services, in which it crossed out those that according to it, have not been used.

According to Article 58(2) EUTMR, where there are grounds for revocation for only some of the goods or services for which the contested mark is registered, the proprietor’s rights will be revoked for those goods and services only.

According to case-law, when applying the abovementioned provision the following should be considered:

… if a trade mark has been registered for a category of goods or services which is sufficiently broad for it to be possible to identify within it a number of subcategories capable of being viewed independently, proof that the mark has been put to genuine use in relation to a part of those goods or services affords protection, in opposition proceedings, only for the subcategory or subcategories to which the goods or services for which the trade mark has actually been used belong. However, if a trade mark has been registered for goods or services defined so precisely and narrowly that it is not possible to make any significant sub-divisions within the category concerned, then the proof of genuine use of the mark for the goods or services necessarily covers the entire category for the purposes of the opposition.

Although the principle of partial use operates to ensure that trade marks which have not been used for a given category of goods are not rendered unavailable, it must not, however, result in the proprietor of the earlier trade mark being stripped of all protection for goods which, although not strictly identical to those in respect of which he has succeeded in proving genuine use, are not in essence different from them and belong to a single group which cannot be divided other than in an arbitrary manner. The Court observes in that regard that in practice it is impossible for the proprietor of a trade mark to prove that the mark has been used for all conceivable variations of the goods concerned by the registration. Consequently, the concept of ‘part of the goods or services’ cannot be taken to mean all the commercial variations of similar goods or services but merely goods or services which are sufficiently distinct to constitute coherent categories or subcategories.

[Furthermore,] allowing an earlier trade mark to be deemed to be registered only in relation to the part of the goods or services in respect of which genuine use has been established … must be reconciled with the legitimate interest of the proprietor in being able in the future to extend his range of goods or services, within the confines of the terms describing the goods or services for which the trade mark was registered, by using the protection which registration of the trade mark confers on him.

(14/07/2005, T‑126/03, Aladin, EU:T:2005:288)

Before proceeding to list the goods and services for which use has been demonstrated or not, the Cancellation Division would like to make the following general comments. The evidence on file shows use of the mark in relation to various goods and services in different classes. Some of the goods and services are easily identifiable as main income-generating goods and/or services and others are ancillary goods/services that add to the overall income obtained under that mark. The Cancellation Division refrained from a strict and restrictive approach based on the wide spectrum and variety of goods and services offered by the proprietor. As pointed out by the proprietor, given the convergence of the technology sector many of the goods and services for which the mark is used have cross-overs and/or complimentary and/or multifunctional purposes. Indeed, the EUTM proprietor is not expected to prove use in relation to all conceivable variations of the goods/services concerned by the registration. This is also, in order to respect the legitimate interest of the proprietor in being able in the future to extend its range of goods/services, as reflected in the above-cited Aladin judgement.

However, in other instances, in which the registered category of goods/services is too broad for for several subcategories to be identified within it in an objective manner, and in cases where the evidence does not demonstrate a wider spectrum of uses within the respective broad category, the Cancellation Division has identified subcategories and has recognised use only in relation to those subcategories. In other cases, in which use has already been recognised for individually listed or narrower terms belonging to certain fairly broad categories, the Cancellation Division has either limited or deleted the respective broad term/s, including to avoid unnecessary repetitions or excessive length of the list of goods/services.

In addition, the Cancellation Division makes references to the comments and information included in schedules (Annexes 5 and 6) provided by the EUTM proprietor cross-referencing uses of the mark, as evidenced in E.C.’s Witness Statement. However, for reasons of economy, these will not be (fully) reproduced in the decision.

Use for the goods in Class 9

The Cancellation Division considers that sufficient evidence of use was filed to prove use for the following registered goods:

apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; apparatus for recording television programmes; apparatus for reproduction or reception of sound, images or audio visual content; electrical and electronic apparatus for use in the reception of satellite, terrestrial or cable broadcasts; home cinema systems; amplifiers; speakers; wireless audio and/or audio visual devices; remote controls; antennas and amplifiers for wireless communication apparatus; two-way wireless communication systems; wireless communications apparatus and instruments; wireless transmission apparatus; wireless receiving apparatus; computer software for wireless content delivery; television receivers including a decoder; set-top boxes; digital set-top boxes; high definition set -top boxes; personal video recorder; set-top boxes for use in decoding and reception of satellite, terrestrial and cable broadcasts; apparatus for decoding encoded signals including set -top boxes for television reception; set -top box apparatus including a decoder and an interactive viewing guide; set -top box apparatus including a decoder and a recorder for recording television and audio programmes; set -top box apparatus including a decoder and a recorder programmable to transfer stored recordings to storage and also to delete the older recordings; computer software to enable searching of data; encoded programs for computers and for data processing and telecommunications; television receivers including a decoder; set-top boxes for use in decoding and reception of satellite, terrestrial cable and digital subscriber line (DSL), Internet or other electronic broadcasts; apparatus for decoding encoded signals; recorded television and radio programmes; recorded programmes for broadcasting or other transmission on television, radio, mobile telephones, PDAs and on PCs; video recordings; multimedia apparatus and instruments; computer hardware, apparatus and instruments all for transmitting, displaying, receiving, storing and searching electronic information; computer programs; computer software; computer software and telecommunications apparatus to enable connection to databases and the Internet; computer software supplied from the Internet; wired and/or wireless computer network routers, modems, firewalls and/or bridges; computer programs for interactive television; audio and/or video file recorders and/or players; apparatus and instruments for the reception of radio and television broadcasts including the reception of cable, satellite and digital broadcasts; amplifiers; communication apparatus and instruments; data carriers; electrical telecommunications and/or communications and/or broadcast and/or transmission and/or decoding and/or image processing and/or audio visual instruments and apparatus; electronic telecommunications and/or communications and/or broadcast and/or transmission and/or decoding and/or image processing and/or audio visual instruments and apparatus; system controlling software; digital audio recorders; digital video recorders; electrical communication equipment; electronic control apparatus; electronic network equipment; electronic communication equipment; computer software, operating system software, devices, and hardware for transmitting, receiving, synchronizing, displaying, backing-up, monitoring, controlling, sharing, coding, decoding, encrypting, accessing, remotely accessing, creating, collecting, storing, securing, removing, transferring, disseminating, locating, organizing or otherwise utilizing data, voice, multimedia, audio, visual, music, photographs, drawings, images, audiovisual, video, text, graphics or other data, including over a global communications network; computer software, operating system software, devices, and hardware for synchronizing data, files, e-mails, contacts, calendars, task lists, text messages, photos, music, audio, visual, audio visual, video, text, graphics, programs and other information between computers and hand-held or other devices, and vice versa; online and downloadable authentication software; computer software for monitoring the use of computers and the Internet by children; computer software relating to online protection and online security.

The Cancellation Division refers to its above explanations in the decision itself, as well as to the comments provided by the EUTM proprietor in the schedules (Annexes 5 and 6) in relation to Class 9, cross-referencing most of the uses of the mark with the respective goods, as evidenced in E.C.’s Witness Statement.

The Cancellation Division does not concur, however, with the proprietor’s claim that use should also be acknowledged for the goods (underlined in the list below) computer games software and computer quiz software; computer programs for interactive games and/or quizzes. This is because the evidence does not contain any indications/instances of use whatsoever during the relevant period. Seemingly, the EUTM proprietor offered some games software under SKY GAMES, but as indicated in paragraph 6.8 of E.C.’s Witness Statement, ‘SKY Games online’ was closed as of 31 March 2011. The statement mentions that examples of uses for these goods are included in Exhibit 20, but the Cancellation Division was unable to find any information therein demonstrating use for these goods referring to the relevant time period. Therefore, no genuine use was proved for these goods.

Additionally, the EUTM proprietor did not submit evidence of use or any proper reasons for non-use of the contested EUTM in relation to all the remaining registered goods in this class (listed below). It did not argue or claim that it adduces evidence thereof either.

Therefore, it is considered that no genuine use was proved for the following goods in Class 9:

Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; magnetic data carriers, recording discs; mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus; including data storage apparatus and instruments, software and data storage software, and software for video-conferencing, but excluding car batteries; radio, television, sound recording, sound reproducing, telecommunications and teaching apparatus and instruments; televisions; LCD and plasma screens; radios; portable wireless audio and/or audio visual devices; wireless keypads; masts [wireless aerials]; wireless POS (point of service) devices; satellite dishes; low noise blocks; satellite meters; telephones; mobile telephones; PDAs; telephone and radio modems; portable or hand-held computers; DVD players; computers; computer hardware; network termination equipment; computer software and computer programs for distribution to, and for use by, viewers of a digital television channel for the viewing and purchase of goods and services; computer games software and computer quiz software; computer programs for interactive games and/or quizzes; interactive video game devices comprised of computer hardware and software and accessories, namely software for operating game controllers; portable and/or hand-held electronic devices for receiving, playing and transmitting music, sounds, images, text, signals, information and code; electronic publications; video screens; video projectors; tapes, discs and wires, all being magnetic; cassettes and cartridges, all adapted for use with the aforesaid tapes; blank and pre-recorded audio and video cassettes, tapes and cartridges; compact discs; DVD discs; phonographic records; laser readable discs for recording sound or video; ROM cartridges, CD ROMs, cards and discs, integrated circuit cards, memory carriers, recording media, all pre-recorded with computer video games and/or quizzes; encoded cards; radio and television signal antennae; music, sounds, videos, images, text and information provided by a telecommunications network, by on-line delivery and by way of the Internet and/or the world-wide web or other communications network; interactive sound and/or audio recordings; music, video, sound and/or audio recordings (downloadable) provided from MP3 Internet websites; MP3 players, MP3 readers; portable audio and/or video file recorders and/or players; telephone ring tones (downloadable); smart cards; credit cards; loyalty cards; acoustic apparatus or instruments; adaptors; aerials; antennae; encoded or magnetic banking or credit cards; cinematographic film; cinematographic instruments and apparatus; data storage apparatus, equipment and instruments; film reproducing instruments and apparatus; hand held electrical telecommunications and/or communications and/or broadcast and/or transmission and/or decoding and/or image processing and/or audio visual instruments and apparatus; hand held electronic telecommunications and/or communications and/or broadcast and/or transmission and/or decoding and/or image processing and/or audio visual instruments and apparatus; mobile telephones; motion pictures; telephone apparatus and equipment; parts and fittings for all the aforesaid goods; sunglasses, leather cases for holding mobile phones; e-sell through products, namely downloadable media content, including video and films, television programmes, computer games, music, images and ring tones provided by internet, telephone line, cable, wireless transmission, satellite or terrestrial broadcast service; cases, containers, protective coverings and parts and fittings therefor, all for use with MP3 players, music storage devices, media storage devices and other consumer electronic devices; electrical, electronic and computer equipment for machinery for use in conservation, generation and efficient use of heat, light and water, including thermostatic controls, solar panels for electricity generation, photovoltaic devices, solar cells turbines and motion detectors; electrical and electronic equipment for use in the generation of solar power; electrical, electronic and computer equipment for use in the generation of alternative energy including wind power, hydroelectric power, tidal power, geothermal power, solar power, biomass, and biofuels; control and monitoring equipment for use in the generation of alternative energy including wind power, hydroelectric power, tidal power, geothermal power, solar power, biomass, and biofuels; automated control apparatus for local management of lighting, heating and water supplies; electronic publications (downloadable), including electronic publications, magazines and newsletters regarding environmental protection, energy conservation and ecology, animal welfare and renewable energy projects, including wind power, hydroelectric power, tidal power, geothermal power, solar power, biomass, and biofuels; apparatus and instruments for closed circuit television and surveillance systems; apparatus and instruments for personal security monitoring; apparatus and instruments for home security monitoring and control; home and personal security apparatus; home and personal security devices; home and personal security alarms; electronic protection equipment, including fire detecting and alarm equipment, intruder and burglar alarm equipment and motion detecting equipment; radio, telephonic, television and signalling apparatus and instruments, cameras, sound and video monitoring and recording and sound and video reproducing apparatus and instruments, all for control and telemetry purposes for the home and personal security; closed-circuit television systems (CCTV); monitors; cameras; optical lenses; camera casings; prepackaged cameras; infrared illuminators; videocassette recorders (VCRs); video monitoring apparatus; detectors; access control apparatus; readers; magnetic or encoded access control cards; monitoring apparatus; electronic panels for alarm management and monitoring; alarm panels; glass breakage detectors; smoke detectors; carbon monoxide detectors; digital audio servers; digital video servers; message programming equipment; radio paging equipment; electronic locking systems; life-saving apparatus and equipment; electric alarms; electronic devices for opening doors; electronic devices for protection; intruder alarms and anti-theft equipment; intruder detection apparatus; motion detecting equipment; electronic apparatus for controlling operation of machines; remote apparatus for controlling operation of machines; computer apparatus for controlling operation of machines; message programming devices; electronic locking apparatus; parts and fittings for all the aforesaid goods; communications platforms for enabling instantaneous, continuous, scheduled and perpetual synchronization of data between computers and hand-held or other devices, and vice versa; multimedia cards, memory cards, flash memory cards, memory chips, data storage media devices, plugs, plug-in cards, magnetic cards, SIM cards, telephone calling cards, headphones, headsets, portable and/or hand held electronic devices for receiving, storing, playing and transmitting data, voice, multimedia, audio, visual, music, photographs, drawings, images, audiovisual, video, text, graphics or other data; online dictionaries, encyclopaedias, and reference texts (downloadable); online publications, including newspapers, magazines (periodicals), comics, journals (publications), books, user manuals, instructional and teaching materials (downloadable); online posters, photographs, pictures, articles, vouchers and tickets (downloadable), online electronic dictionaries, encyclopaedias and reference texts; computer software for processing electronic payments and transferring funds to and from others; online conversion software and databases, including currency conversion and measurement conversion; computer software for the purpose of monitoring online communications and chat room conversations and alerting third parties to the contents; protective clothing for cycling; locks for bicycles; parts and fittings for all the aforesaid goods; satellite navigational system for bicycles; global positioning systems for use with bicycles; computers for use with bicycles; ergometers; computer apparatus for remote meter reading; bicycle meters; distance meters; power meters; speed meters; eyewear; sports eyewear; sun visors; protective eyewear; sunglasses; cases for eyewear; cases for sunglasses; frames for eyewear; lenses for eyewear; straps for sunglasses and eyewear; helmets; cyclists helmets; crash helmets; protective sports helmets; sports bags for protective helmets; sporting articles for protective purposes; protective gloves; visors; radios; communicators; aerials for radios; parts for radios; carrying cases for radios; electronic radio apparatus; mobile radios; mounting fittings for radios; radio receivers and transmitters; radio transceivers; radios for vehicles; solar powered radios; parts and fittings for all of the above (including parts and fittings for the above-listed goods in Class 9, for which the mark remains on register).

Use for the goods in Class 16

In relation to the contested goods in Class 16, the evidence (namely the witness statement in combination with Exhibit 20) shows that the proprietor used the mark in the relevant time period in relation to magazines (‘SKY SkyLife’, ‘SKY SPORTS’ and ‘SKY SPORTS PREVIEW’). Therefore, it is considered that use has been demonstrated in relation to: printed matter, namely magazines; publications, magazines (periodicals) but excluding printed magazines distributed in-flight to airline travellers in connection with airline services and not being predominantly a television or cinema listings; publications including magazines, all in the field of entertainment.

However, as to other goods that the EUTM proprietor refers to, such as SKY-branded calendars, football yearbooks, quiz books, sticker books (Exhibit 20), these are dated (2002, 2007 and 2008) well outside the relevant time period and cannot be taken into account. In addition, the EUTM proprietor claims that the evidence shows use in relation to printed matter (in general); instructional and teaching material (except apparatus); newspapers; publications including strategy guides, user manuals and books all in the field of computer games, science fiction, games and entertainment; quiz books as well as user guides or manuals and refers to SKY MAGAZINE and SKY LEARNING (paragraphs 6.9.1, 6.3., 6.6.6 and 6.3.7 of the witness statement and Exhibit 33). However, the enclosed ‘SKY MAGAZINE’ magazines are all dated outside the relevant period, the information about SKY LEARNING and SKY TRAVEL guides is not supported by any Exhibits and additionally refers to 2005 and 2007 (outside the relevant period). As to user guides or manuals, the EUTM proprietor argues that Exhibit 33 also provides screenshots from Sky’s websites offering information, support and assistance to its customers in relation to its WIFI hotspots and this amounts to use for guides or manuals. However, the Cancellation Division does not agree with the proprietor that this amounts to use of the contested mark in relation to separate/individual products, such as guides or manuals included in Class 16. No such goods were offered as such in the websites.

The EUTM proprietor did not submit any evidence of use or any proper reasons for non-use in relation to the remaining goods in this class either.

Therefore, on the basis of the above, it is considered that no genuine use was proved for the following goods in Class 16:

Printed matter (except for magazines, publications, as worded above); bookbinding material; photographs; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers' type; printing blocks; newspapers; comics, journals (publications) and books; publications including strategy guides, user manuals and books all in the field of computer games, science fiction, games and entertainment; publications including magazines all in the field of computer games, science fiction and games; quiz books; shopping guides listing products for purchase; promotional literature relating to the promotion of goods for sale via digital television, the Internet or other telecommunication channels; instructional and teaching materials (other than apparatus); posters; postcards and greeting cards; calendars; diaries; cards and stickers for collecting and collating in albums; writing requisites; rulers; erasers; writing paper; writing sets; catalogues; vouchers, all for holidays and for travel to and from the destination; adhesive stickers; advertising material; advertisements; bags; credit cards; instructional manuals; newsletters; pens; pencils; writing instruments; pen and pencil holders; programme guides; user guides or manuals; including all the aforesaid made from recycled and/or unbleached materials and/or from organic matter.

Use for the goods in Class 28

The Cancellation Division considers that no evidence of use, or proper reasons for non-use, of the contested trade mark in relation to any of the goods in this class was filed.

The EUTM proprietor claims that use should be acknowledged for toys and games controllers; wireless gaming controllers. It refers to paragraph 6.8.3 and 6.8.2 of E.C.’s Witness Statement and evidence related to SKY GAMES and SKY GAMEPAD device. However, as already mentioned above, seemingly, the EUTM proprietor offered some games and/or related controllers or software under SKY GAMES and SKY GAMEPAD, but the information available on file in relation to toys and games controllers; wireless gaming controllers, including in Exhibit 20, is missing or is dated well outside the relevant period.

Furthermore, the EUTM proprietor argues that the evidence shows use for electronic games; games involving gambling; electronic computer games; electronic interactive computer games; computer games; computer video games and refers to paragraph 6.5 titled ‘Betting and gaming services – SKY BET’ of E.C.’s Witness Statement and the evidence therein, namely Exhibit 21. In this regard it should be mentioned, as is apparent from the evidence itself too, that the mentioned information and exhibits refer to online or mobile betting services and all kinds of gambling, poker, casino-type games, etc. that are all played remotely and/or online. Therefore, this evidence refers to provision of services, and no evidence is available on file showing use in the relevant period in relation to any of the claimed goods or any of the remaining goods included in this class.

Therefore, it is considered that no genuine use was proved for the goods in Class 28.

Use for the services in Class 35

The Cancellation Division considers that sufficient evidence of use was filed to prove use for the following registered services:

Advertising; promotional services; organisation, operation and supervision of sales and promotional incentive schemes; provision of product information and advice to prospective purchasers of home entertainment equipment, multi-media apparatus and instruments, television and radio equipment, audio visual equipment, set-top boxes, personal video recorders, video recorders, computer games software, hardware and peripheral devices; rental of advertising space; television advertising commercials; preparation and presentation of audio visual displays for advertising purposes; dissemination of advertising matter; advertisement and promotion of television services; loyalty card services; marketing of radio programmes, television programmes, films, motion pictures, pre-recorded video tapes, audio and/or visual material, pre-recorded video cassettes, DVDs or pre-recorded video discs; the bringing together for the benefit of others, of a variety of retail stores and applications providers, and other services, enabling customers to conveniently view and choose those services and conveniently view and purchase those goods; all the aforesaid goods being telecommunications apparatus and instruments, apparatus for recording television programmes, apparatus for recording, transmission, reproduction or reception of sound, images or audio visual content, electrical and electronic apparatus for use in the reception of satellite, terrestrial or cable broadcasts, wireless audio and/or audio visual devices, portable wireless audio and/or audio visual devices, remote controls, television receivers including a decoder, set-top boxes, digital set-top boxes, high definition set- top boxes, personal video recorder, set-top boxes for use in decoding and reception of satellite, terrestrial and cable broadcasts, apparatus for decoding encoded signals including set-top boxes for television reception, computer software to enable searching of data, encoded programs for computers and for data processing and telecommunications, telephones, mobile telephones, PDAs, television receivers including a decoder, set-top boxes for use in decoding and reception of satellite, terrestrial cable and digital subscriber line (DSL), Internet or other electronic broadcasts, apparatus for decoding encoded signals, recorded television and radio programmes, recorded programmes for broadcasting or other transmission on television, radio, mobile telephones, PDAs and on PCs, video recordings, multimedia apparatus and instruments, portable or hand-held computers, DVD players, computers, computer hardware and peripheral devices, computer hardware, apparatus and instruments all for transmitting, displaying, receiving, storing and searching electronic information, computer programs, electronic computer games, electronic interactive computer games, computer software, computer software and telecommunications apparatus to enable connection to databases and the Internet, computer software supplied from the Internet, wired and/or wireless computer network routers, modems, firewalls and/or bridges, portable and/or hand-held electronic devices for interactive computer and video games, portable and/or hand-held electronic devices for receiving, playing and transmitting music, sounds, images, text, signals, information and code, Portable Wireless Audio Devices, audio visual equipment, video and television equipment, DVD discs, music, sounds, videos, images, text and information provided by a telecommunications network, by on-line delivery and by way of the Internet and/or the world-wide web or other communications network, interactive sound and/or audio recordings, music, video, sound and/or audio recordings (downloadable) provided from MP3 Internet websites, MP3 players, MP3 readers, audio and/or video file recorders and/or players, portable audio and/or video file recorders and/or players, personal video recorders, apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity, apparatus and instruments for the reception of radio and television broadcasts including the reception of cable, satellite and digital broadcasts, smart cards, acoustic apparatus or instruments, communication apparatus and instruments, hand held electrical telecommunications and/or communications and/or broadcast and/or transmission and/or decoding and/or image processing and/or audio visual instruments and apparatus, hand held electronic telecommunications and/or communications and/or broadcast and/or transmission and/or decoding and/or image processing and/or audio visual instruments and apparatus, mobile telephones, telephone apparatus and equipment, computer software, operating system software, devices, and hardware for transmitting, receiving, synchronizing, displaying, backing-up, monitoring, controlling, sharing, coding, decoding, encrypting, accessing, remotely accessing, creating, collecting, storing, securing, removing, transferring, disseminating, locating, organizing or otherwise utilizing data, voice, multimedia, audio, visual, music, photographs, drawings, images, audiovisual, video, text, graphics or other data, including over a global communications network, headphones, headsets, enabling customers to conveniently view and purchase those goods including via an Internet website, an interactive television shopping channel, a digital television shopping channel, an Internet walled garden or by means of interactive television and/or telecommunications (including voice, telephony and/or transfer of digital information or data) and/or interactive digital media or global communications network; business customer information and consultancy services for promotional, advertising and marketing purposes in relation to broadcast reception apparatus and instruments and parts and fittings therefor including cable, satellite and terrestrial, analogue or digital reception; provision of online reward and incentive programs; information relating to all the aforementioned services provided on-line from a computer database or via a helpline or the Internet.

The Cancellation Division refers to its above explanations in the decision itself, as well as to the comments provided by the EUTM proprietor in the schedules (Annexes 5 and 6) in relation to Class 35, cross-referencing the uses of the mark with the respective services, as evidenced in E.C.’s Witness Statement.

The EUTM proprietor did not submit evidence of use or any proper reasons for non-use of the contested EUTM in relation to all the remaining registered services in this class (listed below). It did not argue or claim that it adduces evidence thereof either. Therefore, it is considered that no genuine use was proved for the following services in Class 35:

Business management; business administration; office functions, including online storage of files, data, photographs, graphics, documents, videos, images, audio files, audio-visual files, visual files, computer files, computer applications and information for others, electronic data storage services for personal and business use, and services for the electronic storage and organization of files, images, music, audio, video, photos, drawings, audio-visual, text, documents and data, but excluding business relocation services; administration services for businesses; accounting services; customer relationship management; arranging and conducting of trade shows and exhibitions; arranging and conducting trade show exhibitions in the field of electronic, computer and video games for the computer and video game industry; compilation of business statistics and commercial information; marketing studies; monitoring and analysis of call information (office services); business planning, inspection, survey and appraisal services; receipt, storage and provision of computerised business information data; compilation of business statistics and commercial information, all relating to television, radio, satellite broadcasting and video games; magazine and newspaper subscriptions; the bringing together of a variety of service providers enabling customers to conveniently view and choose these services; the bringing together, of a variety of goods enabling customers to conveniently view and purchase those goods; the bringing together for the benefit of others, of a variety of retail stores and applications providers, and other services, enabling customers to conveniently view and choose those services and conveniently view and purchase those goods; all the aforesaid goods being bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, cleaning, bleaching and abrasive preparations and substances, all for laundry use, anti-perspirants, perfumes, non-medicated toilet preparations, cosmetic preparations, dentifrices, toilet articles, hair preparations, shampoos, soaps, essential oils, beauty products, toiletries, personal care products, cosmetics, perfumery, candles including all the aforesaid made from unbleached and/or organic and/or biodegradable ingredients, pharmaceutical and veterinary goods, industrial oils and greases, lubricants, fuels (including motor spirit) and illuminants, fuel additives and preparations for enhancing combustion of fuels, machine tools, motors and engines, turbines for power generation, control panels for turbines for power generation, machines for household use, building, home improvement and gardening goods, home decorating equipment, paints and varnishes, hand tools, scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, radio, television, sound recording, sound reproducing, signalling, checking (supervision) and teaching apparatus and instruments, televisions, LCD and plasma screens, home cinema systems, amplifiers, speakers, radios, games controllers, wireless gaming controllers, wireless keypads, set-top box apparatus including a decoder and an interactive viewing guide, set-top box apparatus including a decoder and a recorder for recording television and audio programmes, set-top box apparatus including a decoder and a recorder programmable to transfer stored recordings to storage and also to delete the older recordings, satellite dishes, low noise blocks, satellite meters, telephone and radio modems, network termination equipment, computer software and computer programs for distribution to, and for use by, viewers of a digital television channel for the viewing and purchase of goods and services, computer games software and computer quiz software, computer video games and/or quizzes adapted for use with television receivers and screens or with video monitors or with computer screens, computer programs for interactive television and for interactive games and/or quizzes, electronic apparatus adapted for use with television receivers in playing games, games consoles, interactive video game devices comprised of computer hardware and software and accessories, namely game consoles, game controllers and software for operating game controllers, virtual reality systems, home entertainment systems, multi-media equipment, electronic publications, computer games, computer video games, video screens, video projectors, tapes, discs and wires, all being magnetic, cassettes and cartridges, all adapted for use with the aforesaid tapes, blank and pre-recorded audio and video cassettes, tapes and cartridges, compact discs, phonographic records, laser readable discs for recording sound or video, ROM cartridges, CD ROMs, cards and discs, integrated circuit cards, memory carriers, recording media, all pre-recorded with computer video games and/or quizzes, encoded cards, radio and television signal antennae, telephone ring tones (downloadable), adaptors, aerials, antennae, amplifiers, amusement apparatus and instruments adapted for use with an external display screen or monitor, cinematographic film, cinematographic instruments and apparatus, data carriers, data storage, electrical telecommunications and/or communications and/or broadcast and/or transmission and/or decoding and/or image processing and/or audio visual instruments and apparatus, electronic telecommunications and/or communications and/or broadcast and/or transmission and/or decoding and/or image processing and/or audio visual instruments and apparatus, film reproducing instruments and apparatus, interactive educational or entertainment games for use with television receivers and video apparatus, motion pictures, parts and fittings for all the aforesaid goods, sunglasses, leather cases for holding mobile phones, e-sell through products, namely downloadable media content, including video and films, television programmes, computer games, music, images and ring tones provided by internet, telephone line, cable, wireless transmission, satellite or terrestrial broadcast service, cases, containers, protective coverings and parts and fittings therefor, all for use with MP3 players, music storage devices, media storage devices and other consumer electronic devices, electrical, electronic and computer equipment for machinery for use in conservation, generation and efficient use of heat, light and water, including thermostatic controls, solar panels for electricity generation, photovoltaic devices, solar cells, turbines and motion detectors, electrical, electronic and computer equipment for use in the generation of alternative energy including wind power, hydroelectric power, tidal power, geothermal power, solar power, biomass, and biofuels, control and monitoring equipment for use in the generation of alternative energy including wind power, hydroelectric power, tidal power, geothermal power, solar power, biomass, and biofuels, electronic publications (downloadable), including electronic publications, magazines and newsletters regarding environmental protection, energy conservation and ecology, animal welfare and renewable energy projects, including wind power, hydroelectric power, tidal power, geothermal power, solar power, biomass, and biofuels, apparatus and instruments for closed circuit television and surveillance systems, apparatus and instruments for personal security monitoring, apparatus and instruments for home security monitoring and control, home and personal security apparatus, home and personal security devices, home and personal security alarms, electronic protection equipment, including fire detecting and alarm equipment, intruder and burglar alarm equipment and motion detecting equipment, radio, telephonic, television and signalling apparatus and instruments, cameras, sound and video monitoring and recording and sound and video reproducing apparatus and instruments, all for control and telemetry purposes for the home and personal security, closed-circuit television systems (CCTV), monitors, cameras, optical lenses, camera casings, prepackaged cameras, infrared illuminators, videocassette recorders (VCRs), system controlling software, video monitoring apparatus, detectors, access control apparatus, readers, magnetic or encoded access control cards, monitoring apparatus, electronic panels for alarm management and monitoring, alarm panels, glass breakage detectors, smoke detectors, carbon monoxide detectors, digital audio recorders, digital video recorders, digital audio servers, digital video servers, electrical communication equipment, message programming equipment, radio paging equipment, electronic locking systems, life-saving apparatus and equipment, electric alarms, electronic devices for opening doors, electronic devices for protection, intruder alarms and anti-theft equipment, intruder detection apparatus, motion detecting equipment, electronic control apparatus, electronic apparatus for controlling operation of machines, remote apparatus for controlling operation of machines, computer apparatus for controlling operation of machines, electronic network equipment, electronic communication equipment, message programming devices, electronic locking apparatus, computer software, operating system software, devices, and hardware for synchronizing data, files, e-mails, contacts, calendars, task lists, text messages, photos, music, audio, visual, audio visual, video, text, graphics, programs and other information between computers and hand-held or other devices, and vice versa, communications platforms for enabling instantaneous, continuous, scheduled and perpetual synchronization of data between computers and hand-held or other devices, and vice versa, multimedia cards, memory cards, flash memory cards, memory chips, data storage media devices, plugs, plug-in cards, magnetic cards, SIM cards, telephone calling cards, portable and/or hand held electronic devices for receiving, storing, playing and transmitting data, voice, multimedia, audio, visual, music, photographs, drawings, images, audiovisual, video, text, graphics or other data, online dictionaries, encyclopaedias, and reference texts (downloadable), online publications, including newspapers, magazines (periodicals), comics, journals (publications), books, user manuals, instructional and teaching materials (downloadable), online posters, photographs, pictures, articles, online electronic dictionaries, encyclopaedias and reference texts, computer software for processing electronic payments and transferring funds to and from others, online and downloadable authentication software, online conversion software and databases, including currency conversion and measurement conversion, computer software for the purpose of monitoring online communications and chat room conversations and alerting third parties to the contents, computer software for monitoring the use of computers and the Internet by children, computer software relating to online protection and online security, spectacles, contact lenses, agricultural and horticultural goods, musical instruments, medical equipment, domestic electrical and electronic equipment including white goods, jewellery, clocks, watches, stationery, apparatus for controlling temperature including remote and computer apparatus and instruments, apparatus for controlling water supply, apparatus for controlling lighting including remote and computer apparatus and instruments, apparatus for energy efficient lighting, heating and water supply purposes, in particular, light bulbs, apparatus for water conservation and use minimization, automated control apparatus for local management of lighting, heating and water supplies, vehicles, apparatus for locomotion by land, air or water, vehicles adapted for use with renewable energy sources including wind power, hydroelectric power, tidal power, geothermal power, solar power, biomass, and biofuels, paper, paper articles, cardboard and cardboard articles, printed matter, publications, newspapers, magazines (periodicals), comics, journals (publications) and books, publications including strategy guides, user manuals, books and magazines all in the field of computer games, science fiction, games and entertainment, quiz books, shopping guides listing products for purchase, promotional literature relating to the promotion of goods for sale via digital television, the Internet or other telecommunication channels, photographs, instructional and teaching materials (other than apparatus), posters, postcards and greeting cards, calendars, diaries, cards and stickers for collecting and collating in albums, all writing requisites, rulers, erasers, writing paper, writing sets, catalogues for holidays and for travel to and from the destination, adhesive stickers, advertising material, advertisements, bags, credit cards, instructional manuals, newsletters, pens, pencils, writing instruments, pen and pencil holders, programme guides, stationery, user guides or manuals, paper, cardboard and goods made from these materials, printed matter, bookbinding material, photographs, stationery, adhesives for stationery or household purposes, artists' materials, plastic materials for packaging, publications, magazines, including all the aforesaid made from recycled and/or unbleached materials and/or from organic matter, insulation materials, in particular, for the conservation of heat within residential and commercial buildings, leather and imitations of leather, and goods made of these materials and not included in other classes, animal skins, hides, trunks and travelling bags, umbrellas, parasols and walking sticks, whips, harness and saddlery, handbags, backpacks, school bags, beach bags, travelling bags, suitcases, trunks, haversacks, bags for campers, fur-skins, collars for animals, covers for animals, boxes of leather or leather board, attaché cases, pocket wallets, school satchels and briefcases, key cases (leatherwear) attaché cases, backpacks, beach bags, briefcases, canes, card cases, key cases, leather shoulder belts, net bags, parasols, pocket wallets, purses, pouches, rucksacks, school bags, school satchels, sling bags, shopping bags, suitcases, garment bags, tote bags, travelling trunks, valises, vanity cases, umbrella covers, and wallets, clothing, footwear, headgear, underclothing, clothing for men, women, children and infants, jeans, slacks, trousers, skirts, shorts, wraps, jerseys, sweaters, waistcoats, dresses, jumpers, sleepwear, robes, warm-up suits, rainwear, sweaters, scarves, hats, caps, mittens, snow suits, belts, smocks, swimwear, playsuits, bibs, stockings, socks, waterproof clothing, underwear, footwear for men, women, children, and infants shoes, sneakers, sandals, slippers, boots, headgear for men, women, children, and infants hats, headbands, earmuffs, caps, sweaters, dress shirts, blouses, jackets, ties, suits, bathing suits, belts, skirts, dresses, coats, hats, caps, tuxedos, pants, vests, hosiery, scarves, pyjamas, underwear, kilts, mufflers, shawls, footwear, shoes, boots, slippers, and athletic shoes, blazers, headbands, wristbands, coveralls, overalls, sweat pants, and sleepwear, hair accessories, lighting, kitchenware, glassware, china, porcelain, ornaments, furniture, kitchens, sanitary ware, art, paintings, posters, postcards, prints, photographs, household containers and utensils, crockery, cutlery, furnishings, carpets, textiles, table linen, bed linen, haberdashery, sewing machines and equipment, toys, games and playthings, electronic games, hand-held devices for playing electronic, computer or video games, video games apparatus, playing cards, card games, sporting articles, games involving gambling, amusement machines, amusement apparatus and instruments, interactive educational or entertainment games, playing cards, sports equipment, fitness equipment, camping equipment, pets goods, food and drink, apparatus for use in relaxation, motor vehicles and their parts, protective clothing for cycling, locks for bicycles, lights for bicycles, cycling shoes, cycling clothing, cycling headwear including helmets, protective clothing for cycling, cycling products, including but not limited to bicycles, bicycle parts, helmets and water bottles, mudguards, bicycle seats, repair kits for cycling, including puncture repair kits, Satellite navigational system for bicycles, global positioning systems for use with bicycles, computers for use with bicycles, ergometers, computer apparatus for remote meter reading, bicycle meters, distance meters, power meters, speed meters, eyewear, sports eyewear, sun visors, protective eyewear, sunglasses, cases for eyewear, cases for sunglasses, frames for eyewear, lenses for eyewear, straps for sunglasses and eyewear, helmets, cyclists helmets, crash helmets, protective sports helmets, sports bags for protective helmets, sporting articles for protective purposes, visors, radios, communicators, aerials for radios, parts for radios, carrying cases for radios, electronic radio apparatus, mobile radios, mounting fittings for radios, radio receivers and transmitters, radio transceivers, radios for vehicles, solar powered radios, parts and fittings for all of the above, heart monitors, heart monitors to be worn during exercise, parts and fittings for all of the above, bicycle lights, parts and fittings therefor, bicycles, track bicycles, velodrome bicycles, mountain bicycles, racing bicycles, cross country bicycles, cyclo-cross bicycles, bmx bicycles, indoor bicycles, all terrain bicycles, parts fittings and accessories for all the aforementioned goods, bicycle frames, handlebars and handlebar stems for bicycles, handlebar tape, handlebar grips, saddles, saddle posts, bicycle seat posts, bicycle rims, bicycle gears, group sets of gears, chains for bicycles, bicycle bells, baskets for bicycles, brakes for bicycles, spokes for bicycles, dress guards for bicycles, pedals for bicycles, bicycle pumps, wheels and tyres for bicycles, inner tubes for bicycles, mudguards for bicycles, bicycle stands (supports), bicycle bags, bicycle stabilisers, luggage bags for bicycles, panniers for bicycles, bicycle carriers and racks, auxiliary child seats for bicycles and parts and fittings therefor, covers for bicycles and bicycle saddles, direction indicators and signals for bicycles, fittings for bicycles for carrying beverages and food, bidons, bottle cages for bicycles, fittings for bicycles for carrying luggage and panniers, puncture repair outfits and kits for bicycle tyres, toe straps and toe clips for use on bicycles, twist grips for bicycles, trailers for use with bicycles, roof racks, roof racks for vehicles, roof rack and storage containers for land vehicles, cranks for bicycles, power meters for bicycles, parts and fittings for all of the above, horological and chronometric instruments, watches, clocks, bands for watches, bracelets for watches, straps for watches of any material, cases for watches and clocks, watch chains, clock and watch hands, dials for watches, faces for watches, electric watches, mechanical and automatic watches, movements for watches and clocks, parts for clocks and watches, pendant watches, sports watches, watch and clock springs, watch clasps, watches for outdoor use, watches for sporting use, watches incorporating a memory function, time keeping devices, stop watches parts and fittings for all of the above, sportswear, sports clothing, sports footwear, sports headwear, caps, hats, sports uniforms, sun visors, parts and fittings for all of the above, rollers for bicycles, trainers for bicycles, turbo trainers for bicycles, rollers for stationary bicycles, computer controlled exercise apparatus, parts and fittings for all of the above, meat, fish, poultry and game, preserved, frozen, dried and cooked fruits and vegetables, jellies, jams, compotes, eggs, milk and milk products, edible oils and edible fats, dairy products, butter, margarine and other butter substitutes, preserves, pickles, edible nuts and seeds and products prepared there from, shellfish, snacks, prepared meals and prepared dishes, soups, gravy and preparations for making gravy or soup, products made from any of the aforesaid goods, coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee, flour and preparations made from cereals of from flour, bread, pastry and confectionery, ices, honey, treacle, yeast, baking powder, salt, mustard, pepper, vinegar, sauces (condiments), ice, spices, biscuits (other than biscuits for animals), cakes, pasta, pasta products and pastry products, chocolate, chocolates non-medicated confectionery, ice-cream, water ices and frozen confections, coffee substitutes, coffee essences and coffee extracts, beverages and preparations therefor, puddings, desserts, prepared meals and prepared snacks and fillings, products made from any of the aforesaid goods, fresh fruit and fresh vegetables, shellfish, beers, mineral and aerated waters and other non-alcoholic drinks, fruit drinks and fruit juices, syrups and other preparations for making beverages, alcoholic beverages other than beer, energy drinks, enabling customers to conveniently view and purchase those goods including via an Internet website, an interactive television shopping channel, a digital television shopping channel, an Internet walled garden or by means of interactive television and/or telecommunications (including voice, telephony and/or transfer of digital information or data) and/or interactive digital media or global communications network; advertising and promotional services in relation to lifestyle, ecological and environmental issues; business management and conducting of renewable energy projects, including wind power, hydroelectric power, tidal power, geothermal power, solar power, biomass, and biofuels and projects in connection with other renewable energy sources; collection and processing of operational data in connection with renewable energy projects, including wind power, hydroelectric power, tidal power, geothermal power, solar power, biomass, and biofuels, including compilation of statistics relating to operation and production; electronic and online storage service; electronic and online retrieval of data, files, e-mails, contacts, calendars, task lists, text messages, photos, music, audio, visual, audio visual, video, text, graphics, programs and other data or information; data storage services (other than physical storage), computerised data storage services; online auction services; provision of an online database of advertisements including personal advertisements, employment and placement opportunities advertisements and real estate advertisements; provision of online price comparison services; provision of online word processing, spreadsheet, calendar, presentation and database management services; provision of virtual online office support staff services; on-line ordering/purchase of gift items; online posting of loyalty rewards information; information and advisory services relating to all the aforesaid services; provision of business information and advice; provision of online reward and incentive programs relating to fitness tracking, health tracking, personal tracking, lifestyle tracking and emotional tracking; information relating to all the aforementioned services provided on-line from a computer database or via a helpline or the Internet.

Use for the services in Class 36

The Cancellation Division considers that sufficient evidence of use was filed to prove use for the following registered services:

Provision of warranties and extended warranties and associated assistance; provision of warranties, extended warranties and associated assistance; provision of warranties and extended warranties in relation to broadcast and/or telecommunications and/or communications reception apparatus and instruments and parts and fittings therefor including cable, satellite, terrestrial, analogue or digital reception equipment; financial sponsorship; information, advice and assistance relating to all the aforesaid services provided on-line from a computer database or via a helpline or the Internet.

The Cancellation Division refers to its above explanations in the decision itself, as well as Exhibits 23, 21, 39 and 40, as well as the information and comments provided by the EUTM proprietor in the respective sections of E.C.’s Witness Statement.

The EUTM proprietor did not submit evidence of use or any proper reasons for non-use of the contested EUTM in relation to all the remaining registered services in this class (listed below). It did not argue or claim that it adduces evidence thereof either. Therefore, it is considered that no genuine use was proved for the following services in Class 36:

Insurance; financial affairs; monetary affairs; real estate affairs; provision of insurance; insurance consultancy; financial services; financial management; financial and banking services; financial information; financial services provided via the Internet; asset and fund management; financial, credit, debit, pre-payment, e-cash, cash management, loan and finance services; financial services relating to betting, gaming, gambling, lotteries or book-making; credit services; credit card services; provision of financial information relating to betting, gaming, gambling, lotteries or book-making services; vouchers for holidays and for travel to and from the destination; provision of vouchers; real estate services; real estate investment; real estate brokerage services; real estate agency services; real estate financing; real estate management; real estate administration; real estate leasing; real estate appraisals and valuations; real estate acquisition and sales; information, advice and consultancy services relating to real estate; provision of online financial services comparisons; provision of online insurance services, insurance quotations and insurance quotation comparisons; provision of online credit reports; provision of online fraud protection services; provision of financial services online enabling donations to be made to charity; online clearing and reconciling of financial transactions; online processing and transmission of bills and payments; issuing of vouchers; information, advice and assistance relating to all the aforesaid services provided on-line from a computer database or via a helpline or the Internet.

Use for the services in Class 38

The Cancellation Division considers that sufficient evidence of use was filed to prove use for the following registered services:

Telecommunications including video-conferencing services and sharing of files, images, music, video, photos, drawings, audio-visual, text, documents and data; but excluding telegraph communications services; mobile and fixed telecommunications services; communications services; satellite, cellular and radio communication services; television and radio broadcasting; transmission and communication services; broadcasting and/or transmission of radio and/or television programmes and/or films; satellite, DTT, cable, DSL and broadband broadcasting and/or transmission of audio and/or audio visual programming; broadcasting and transmission of television programmes and films to personal computers; broadcasting and communications by means of or aided by computer; telecommunications services over the Internet including but not limited to services provided using voice over Internet protocol (VOIP); provision of access and/or connectivity to broadband networks whether fixed, portable or wireless; telecommunication and/or communication and/or broadcast and/or transmission of audio visual content; communication of information (including web pages), data by radio, telecommunications and by satellite; online managing and filtering of electronic communications; telephone, mobile telephone, message collection and transmission, radio-paging, call diversion, answerphone and directory enquiry services; television screen based information broadcasting and retrieval services; computer aided transmission of messages and images; messaging services namely, sending, receiving and forwarding messages in the form of text, audio, graphic images or video or a combination of these formats; voicemail services; video conferencing services; video telephone services; providing access to telecommunications infrastructures for other operators; provision of access to electronic conferencing, discussion groups and chat rooms; provision of chat rooms; advisory, information and consultancy services relating to all the aforementioned; communications services by satellite, television and/or radio; news agency services; provision of access to news, current affairs and sports information; electronic mail services; telecommunication services relating to the Internet; telecommunication of information (including web pages); provision of location based services for telecommunications and communications apparatus and instruments; provision of wireless application protocol services including those utilising a secure communications channel; provision of information relating to or identifying telecommunications and communications apparatus and instruments; provision of telecommunications links to computer databases and websites on the Internet; interactive television services being telecommunications and/or communications and/or broadcasting and/or transmission services; interactive services for television viewers including those watching on mobile telephones, tablet computers and PCs being telecommunications and/or communications and/or broadcasting and/or transmission services; television broadcasting services incorporating interactive services for viewing guides and intelligent automated selection for programme recordal; interactive services for television viewers facilitating the recordal of programmes automatically initiated on the basis of customer viewing habits/preferences being telecommunications and/or communications and/or broadcasting and/or transmission services; providing interactive television viewers (including those watching on their mobile telephones or PCs) with access to information, data, graphics, audio and/or audio-visual content from a restricted group of Internet websites or portals; broadcasting and transmission of interactive television, interactive games, interactive news, interactive sport, interactive entertainment and interactive competitions; video on demand and near on demand telecommunication and/or communication and/or broadcast and/or transmission services; streaming delivery of video on demand streams to viewers; providing access to movies, videos and television programmes to viewers on demand and near on demand; professional consultancy services relating to broadcasting; providing access to a database storing information relating to a variety of goods and services; enabling access to the Internet; provision of a connection between websites and television viewers via an interactive television portal; internet portal services; web portal services; provision of broadband services; interactive television portal services providing access to Internet websites for television viewers via their television receiving equipment including digital television receiving equipment; providing access to Internet websites to mobile telephone users; professional consultancy and information and advisory services relating to all the aforesaid services; leasing access time to an information database; telecommunications information; factual information services relating to television broadcasting; audio visual communication services; data communication services; data broadcasting services; delivery of messages; telecommunication and/or communication and/or broadcast and/or transmission of radio programmes, television programmes, films and motion pictures; transmission of radio programmes, television programmes, films, motion pictures, pre-recorded video tapes, audio and/or visual material, pre-recorded video cassettes, DVDs or pre-recorded video discs; telephonic or telephone communications services; wireless communication services; providing multiple user wireless access to the internet; wireless broadcasting; e-sell through services, namely delivery by telecommunication of media content, including video and films, television programmes, computer games, music, images and ring tones provided by internet, telephone line, cable, wireless transmission, satellite or terrestrial broadcast service; organisation of call information; monitoring and analysis of call information; call screening services; call alerting services; computer services for accessing a communications or computer network; computer services for accessing entertainment, education, information and data via telephone line, cable, wire or fibre, database or computer network; computer services for accessing and retrieving information, messages, text, sound, images and data via a computer or computer network; computer services for accessing and retrieving radio and television programmes; consultancy, transfer and transmission of programs, data, files, e-mails, contacts, calendars, task lists, text messages, photos, music, audio, visual, audio visual, video, text, graphics, programs and other information via telecommunications and global communications networks; remote data access services; e-mail, email notification and alert services; provision of online conferencing, discussion groups, message boards and chat rooms; internet portal services; web portal services; online video on demand or near on demand telecommunication and/or communication and/or broadcast and/or transmission services; online telecommunications services to enable the accessing and retrieving of data, files, e-mails, contacts, calendars, task lists, text messages, photos, music, audio, visual, audio visual, video, text, graphics, programs and other information via a computer or computer network or electronic device including services provided over a global communications network; online telecommunications services relating to webcasting and podcasting including services provided over a global communications network; advising or providing information in relation to the foregoing; information relating to all the aforementioned services provided on-line from a computer database or via a helpline or the Internet.

The Cancellation Division refers to its above explanations in the decision itself, as well as to the comments provided by the EUTM proprietor in the schedules (Annexes 5 and 6) in relation to Class 38, cross-referencing the uses of the mark with the respective services, as evidenced in E.C.’s Witness Statement.

The EUTM proprietor did not submit evidence of use or any proper reasons for non-use of the contested EUTM in relation to all the remaining registered services in this class (listed below). It did not argue or claim that it adduces evidence thereof either. Therefore, it is considered that no genuine use was proved for the following services in Class 38:

Transmission of audio, video and/or audio visual programming (by any means); transmission of video films; transmission of audio, video and/or audio visual programming by Internet protocol (IPTV); transmission of text, messages, sound and/or pictures; personal numbering services; loan of replacement telecommunications and communications apparatus and instruments in case of breakdown, loss or theft; instant messaging; short message services (SMS); multimedia messaging services (MMS); unified messaging services; hire, leasing or rental of apparatus, instruments, installations or components for use in the provision of the aforementioned services; hiring, rental and leasing of communications apparatus; telecommunications services dedicated to retailing goods and services through interactive communications with customers; telecommunication and/or communication and/or broadcast and/or transmission of audio and/or visual material and material from pre-recorded video tapes: rental, leasing or hire of communications equipment; message sending; rental of wireless communications systems; online instant messaging; peer to peer services; provision of interactive polling services being telecommunications and/or communications and/or broadcasting services; advising or providing information in relation to the foregoing; information relating to all the aforementioned services provided on-line from a computer database or via a helpline or the Internet.

Use for the services in Class 41

The Cancellation Division considers that sufficient evidence of use was filed to prove use for the following registered services:

Education providing of training; entertainment; sporting and cultural activities; provision and production of audio visu ...Show moreal content relating to entertainment, education, training, sport and culture; education and entertainment services by means of radio, television, telephony, the Internet and on-line databases; hiring, rental and leasing of cine-films, videos, DVDs, sound recordings, sound recording apparatus, sports apparatus, television sets and video recorders, DVD recorders and radio recorders; production of films for television and cinema; publication of magazines; provision of online publications, including magazines (periodicals); live show production services; organising of sporting activities and competitions; ticket reservation services relating to entertainment; provision and production of interactive entertainment, news, cultural activities and sport for television viewers; interactive entertainment, educational, sporting and cultural services for television viewers; television programme recording services automatically initiated on the basis of customer viewing habits/preferences; video on demand and near video on demand entertainment, educational, sporting and cultural services; providing movies, videos and television programmes to viewers on demand and near video on demand; betting, gaming and gambling services; credit betting, gaming, gambling, lottery or bookmaking services; credit card betting, gaming, gambling, lottery or bookmaking services; organising and conducting lotteries; electronic betting, gaming, gambling, lottery or bookmaking services provided by means of the Internet, or via a global computer network, or on-line from a computer network database, or via telephony including to mobile telephones, or via a television channel including a television channel distributed by satellite, terrestrial or cable television broadcast; arranging and conducting competitions for video game players and computer game players; pay to play games services; peer to peer interactive games and gaming services; interactive poker games and gaming including single and multi player gaming formats; presentation and production of poker competitions, tournaments, games and gaming; educational or entertainment games played online; electronic publishing services; provision of news, current affairs and sports information; news, current affairs and educational information services; information and advisory services relating to television and radio programmes, to education, recreation, entertainment, music and to sport; information and advisory services relating to television and radio programmes, to education, recreation, entertainment, music and to sport, provided on-line from a computer database or the Internet or to mobile telephones; factual information services relating to television and radio programmes, news and sport; instruction services; training services; leisure services; advisory services relating to entertainment; cinema services; cinema studio services; distribution of radio programmes, television programmes, films, motion pictures, pre-recorded video tapes, audio and/or visual material, pre-recorded video cassettes, DVDs or pre-recorded video discs; production of radio programmes, television programmes, films, motion pictures, pre-recorded video tapes, audio and/or visual material, pre-recorded video cassettes, DVDs or pre-recorded video discs; editing of radio programmes, television programmes, films, motion pictures, pre-recorded video tapes, audio and/or visual material, pre-recorded video cassettes, DVDs or pre-recorded video discs; hire, leasing or rental of radio programmes, television programmes, films, motion pictures, pre-recorded video tapes, audio and/or visual material, pre-recorded video cassettes, DVDs or pre-recorded video discs; organisation of entertainment; preparation and production of radio programmes, television programmes, films, pre-recorded video tapes, DVDs, audio and/or visual material, pre-recorded video cassettes, pre-recorded video discs or motion pictures for distribution for transmission or broadcast by any means; provision of radio programmes, television programmes, films, audio and/or visual material or motion pictures online (not downloadable); entertainment; film production; rental of motion pictures; movie studios; providing movie theatres facilities; production of shows; video film tape production; recording studio services; provision of video and audio content by sale and rental, whereby the consumer is entitled to single or multiple viewings of the media content via any form of playback device, all relating to entertainment, education, sports and culture; online news reporting services; online card games; cycling as a sport; provision of professional cycling services; organisation of cycling events; issuing of tickets for entertainment, sporting and cultural activities; issuing of tickets (virtual and e-tickets) for entertainment, sporting and cultural activities; consultancy, information and advisory services relating to all the aforesaid services; advising or providing information in relation to the foregoing; information relating to all the aforementioned services provided on-line from a computer database or via a helpline or the Internet.

The Cancellation Division refers to its above explanations in the decision itself, as well as to the comments provided by the EUTM proprietor in the schedules (Annexes 5 and 6) in relation to Class 41, cross-referencing the uses of the mark with the respective services, as evidenced in E.C.’s Witness Statement.

According to the proprietor, use should be acknowledged for providing on-line electronic publications (not downloadable); publication of books, texts and printed matter; publication of electronic books or journals on-line; provision of electronic publications. However, the evidence does not contain indications on use in relation to those services or indications that the broader term publication of printed matter should be retained. Therefore, it is considered that no genuine use was proved for these services. The EUTM proprietor did not submit any evidence of use, comments to the contrary, or any proper reasons for non-use in relation to the remaining services in this class either.

Consequently, on the basis of the above, it is considered that no genuine use was proved for the following services in Class 41:

Providing on-line electronic publications (not downloadable); publication of books, texts and printed matter; publication of electronic books or journals on-line; provision of electronic publications; online dictionaries, encyclopaedias, and reference texts; provision of online publications, including newspapers, comics, journals (publications), books, user manuals, instructional and teaching materials; online posters, photographs, pictures, articles; provision of recording studio facilities; hire of recording studios; box office services; production and presentation of programmes transmitted by television, the Internet or other telecommunication channels for the conduct of the interactive viewing, selection and purchase of goods; production, presentation and distribution of radio and television programmes, interactive television, interactive games, interactive entertainment and interactive competitions; production, presentation and provision of competitions, contests, games, quizzes, studio entertainment and audience participation events; interactive television programme selection services for viewers; viewing guide services; viewing guide services facilitating the recordal and fixed term rental of programmes and movies; video taping and filming services; information and advisory services relating to the aforesaid services; arranging conferences, seminars, symposiums or workshops; arranging exhibitions or festivals; booking agency services; exhibition of radio programmes, television programmes, films, motion pictures, pre-recorded video tapes, audio and/or visual material, pre-recorded video cassettes, DVDs or pre-recorded video discs for entertainment, educational, sporting or cultural purposes; amusement park services with a theme of films, radio or television productions; organisation and management of amusement parks and theme parks; publication of printed media and recordings; dubbing; video tape editing; rental of audio equipment; rental of lighting apparatus for theatrical sets or television studios; rental of motion pictures; rental of movie projectors and accessories; rental of radio equipment; rental of televisions and television equipment; rental of sports equipment; rental of video cameras; rental of video tapes; rental of video recorders; theatre productions; movie studio services; organising or hosting awards ceremonies; presentation of films; production of special effects for films; reservation services (included in this class) for sporting, scientific, political and cultural events; production of artwork for animated films; education and providing of training in connection with environmental protection, energy conservation and ecology and animal welfare; education and providing of training in connection with alternative energy sources, including wind power, hydroelectric power, tidal power, geothermal power, solar power, biomass, and biofuels; publication of instructional material and promotional material relating to environmental protection, energy conservation and ecology and animal welfare; arranging and conducting of seminars and workshops (training); establishing training programmes and training manuals; organising and conducting safety courses and educational courses; online provision of information and general encyclopaedic knowledge relating to entertainment, education, training, sports, culture, news, current affairs, satellite, television and radio programmes, music, films, books and other printed matter, video games, computer games, amusement machines, amusement centres or amusement parks; online translation services; online library services including the lending and exchanging of books and other publications and photographs; provision of online classes, seminars, workshops, exhibitions and displays; leasing, booking and providing of diving equipment; organization of sports and holiday camps; provision of telephone ring tones; leasing, rental and hiring of data rooms; high-definition studios, edit suites, voice-over studios and audio suites; consultancy, information and advisory services relating to all the aforesaid services; advising or providing information in relation to the foregoing; provision of online fitness tracking; information relating to all the aforementioned services provided on-line from a computer database or via a helpline or the Internet.

Use for the services in Class 42

The Cancellation Division considers that sufficient evidence of use was filed to prove use for the following registered services:

Computer services for interactive communications and broadcasting; installation, rental and maintenance of computer software; home computer services namely computer consultancy, installation, repair and maintenance of computer software, updating software and computer support services; advisory services relating to computer based information systems; advisory services relating to computer hardware or software; design, installation, maintenance or updating of computer software; rental or leasing of computer hardware or software; provision of non-downloadable computer software for transmitting, receiving, synchronizing, displaying, backing-up, monitoring, controlling, sharing, coding, decoding, encrypting, accessing, remotely accessing, creating, collecting, storing, securing, removing, transferring, disseminating, locating, organizing or otherwise utilizing data, voice, multimedia, audio, visual, music, photographs, drawings, images, audiovisual, video, text, graphics or other data, including over a global communications network; application service provider services; technical advisory services including these services provided by a helpline; online managing and filtering of electronic communications; consultancy, information and advisory services relating to all the aforesaid services; information relating to all the aforementioned services provided on-line from a computer database or via a helpline or the Internet.

The Cancellation Division refers to its above explanations in the decision itself, as well as to the comments provided by the EUTM proprietor in the schedules (Annexes 5 and 6) in relation to Class 42, cross-referencing the uses of the mark with the respective services, as evidenced in E.C.’s Witness Statement.

The EUTM proprietor did not submit evidence of use or any proper reasons for non-use of the contested EUTM in relation to all the remaining registered services in this class (listed below). It did not argue or claim that it adduces evidence thereof either. Therefore, it is considered that no genuine use was proved for the following services in Class 42:

Scientific and technological services and research and design relating thereto; industrial analysis and research service ...Show mores; design and development of computer hardware and software, including online technical storage facilities, online technical back-up services and online technical back-up facilities, software as a service [saas] services, and electronic hosting of files, data, photographs, graphics, documents, videos, images, audio files, audio-visual files, visual files, computer files, computer applications, information for others and video-conferencing services, but excluding the performance of chemical analyses; design, drawing and commissioned writing all for the compilation of web pages on the Internet; hosting websites; creating and maintaining websites; computer services relating to entertainment, education, retrieval of information and data via telephone line, cable, wire or fibre, database or computer network; computer services for retrieving information, messages, text sound, images and data via a computer network, computer services for relating to radio and television programmes, computer services; maintenance and repair of interactive video game devices comprised of computer software and accessories, namely software for operating game controllers; computer services, namely the organisation of an infrastructure to enable television subscribers to access internet services via the television; advice relating to the development of computer systems; design of computer hardware; design services; designing electrical or electronic systems; design services for artwork for animated films; monitoring and analysis of call information; computer programming services; internet walled garden services; operation of search engines; testing, research, assessing, consultancy, advising or providing information in relation to the foregoing; computer services for on-line shopping; computer services relating to the processing of orders and payments; providing information and advice with regard to environmental protection, energy conservation and alternative energy sources, ecology as well as conducting research and drawing up expert reports in the aforementioned fields; research and development of durable use of nature and the environment; technical assistance concerning environmental protection, energy conservation and alternative energy sources, ecology and animal welfare and effecting such projects; development and testing for renewable energy sources including wind power, hydroelectric power, tidal power, geothermal power, solar power, biomass, and biofuels, and components therefor; effecting research projects concerning environmental protection, energy conservation and alternative energy sources, ecology and animal welfare; provision of software updates electronically; weather forecasting online; provision of online mapping; provision of customised webpages containing user defined information, search engines and links to other websites; online scanning, detecting, quarantining and eliminating of viruses, worms, trojans, spyware, malware and unauthorised data and programs on computers and electronic devices; online hosting services allowing users to publicise and share data online; provision of interactive calendars from a computer database or over the internet; online provision of information and general encyclopaedic knowledge relating to computer security, online security, environmental protection, energy conservation, ecology, alternative energy sources, including wind power, hydroelectric power, tidal power, geothermal power, solar power, biomass, and biofuel; provision of remote back-up services for computer data including services provided over a global communications network; consultancy, information and advisory services relating to all the aforesaid services; synchronization of programs, data, files, e-mails, contacts, calendars, task lists, text messages, photos, music, audio, visual, audio visual, video, text, graphics, programs and other information via telecommunications and global communications networks; data synchronization over telecommunications, communications and computer networks; digital imaging services; weather forecasting; information relating to all the aforementioned services provided on-line from a computer database or via a helpline or the Internet.

Use for the services in Class 45

The Cancellation Division considers that sufficient evidence of use was filed to prove use for the following registered services:

Licensing of radio programmes, television programmes, films, motion pictures, pre-recorded video tapes, audio and/or visual material, pre-recorded video cassettes, DVDs or pre-recorded video discs; advisory services relating to intellectual property or industrial property licensing or protection; computer software licensing; exploitation of copyright protected material; exploitation of rights of radio programmes, television programmes, films, pre-recorded video tapes, pre-recorded video cassettes, pre-recorded video discs or motion pictures; exploitation of transmission rights; exploitation of intellectual property or industrial property rights; issue of licensing rights; licensing services; management of intellectual property or industrial property rights; services for the exploitation of rights in radio programmes, television programmes, films, pre-recorded video tapes, pre-recorded video cassettes, pre-recorded video discs or motion pictures; services for the exploitation of intellectual property or industrial property rights; exploitation of printed matter (copyright); information and advisory services relating thereto; information relating to all the aforementioned services provided on-line from a computer database or via a helpline or the Internet.

The Cancellation Division refers to its above explanations in the decision itself, as well as to the comments provided by the EUTM proprietor in the schedules (Annexes 5 and 6) in relation to Class 45, cross-referencing the uses of the mark with the respective services, as evidenced in E.C.’s Witness Statement.

The EUTM proprietor did not submit evidence of use or any proper reasons for non-use of the contested EUTM in relation to all the remaining registered services in this class (listed below). It did not argue or claim that it adduces evidence thereof either. Therefore, it is considered that no genuine use was proved for the following services in Class 45:

Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals; provision of horoscopes; real estate licensing; lobbying for political purposes, including political pressure concerning environmental protection, energy conservation and alternative energy sources, ecology and animal welfare; provision of home and personal monitoring and security alarm services; anti-theft and break-in alarm services; fire alarm and protection services; security assessment relating to the security of persons and domestic properties; computerised security services for persons and domestic properties; monitoring of personal security systems and security control apparatus; advisory services relating to security; rental of security apparatus; rental of security surveillance apparatus; electrical protection services for central offices; services for monitoring discharge systems and waterflow alarms; security and fire system monitoring services; site monitoring with regard to fire and security; security services with regard to protection against fires and break-ins; online provision of information and general encyclopaedic knowledge relating to security, security systems, personal security, business security, household security; online dating, friendship, introduction and social networking services; provision of horoscopes online; provision of online fraud protection services; personal and social services rendered by others to meet the needs of individuals, namely provision of online personal tracking, provision of online lifestyle tracking, provision of online emotional tracking; legal assistance concerning environmental protection, energy conservation and alternative energy sources, ecology and animal welfare and effecting such projects; information and advisory services relating thereto; information relating to all the aforementioned services provided on-line from a computer database or via a helpline or the Internet.

Conclusion

It follows from the above that the EUTM proprietor has not proven genuine use of the EUTM for all the contested goods in Class 28 and for some of the contested goods and services in Classes 9, 16, 35, 36, 38, 41, 42 and 45, for which it must, therefore, be revoked.

The EUTM proprietor has proven genuine use for the remaining contested goods and services in Classes 9, 16, 35, 36, 38, 41, 42 and 45; therefore, the application is not successful in this respect.

According to Article 62(1) EUTMR, the revocation will take effect from the date of the application for revocation, that is, as of 11/12/2018.

An earlier date, on which one of the grounds for revocation occurred, may be fixed at the request of one of the parties. In the present case, the applicant has requested an earlier date, namely as of 17/04/2018, which is five years and one day following the date of registration of the contested EUTM (16/04/2013). As a justification, the applicant merely stated that the proprietor has not used the mark for a continuous period of five years prior to the date of filing of the application for revocation or, in the alternative, for a continuous period of five years following the date of registration. However, such statement cannot qualify as a specific legal interest for such an earlier date. Article 62(1) EUTMR puts the cancellation applicant to a strict onus to set out facts which would support as legitimate interest to consider an earlier date as the relevant date and to prove it, which the applicant failed to do. Therefore and, in exercising its discretion in this regard, the Cancellation Division considers that it is not expedient in this case to grant this request, since the applicant has not shown sufficient legal interest to justify it.

COSTS

According to Article 109(1) EUTMR, the losing party in cancellation proceedings must bear the fees and costs incurred by the other party. According to Article 109(2) EUTMR, where each party succeeds on some heads and fails on others, or if reasons of equity so dictate, the Cancellation Division will decide a different apportionment of costs.

Since the cancellation is successful only for part of the contested goods and services, both parties have succeeded on some heads and failed on others. Consequently, each party has to bear its own costs.

The Cancellation Division

Boyana NAYDENOVA

Liliya YORDANOVA

Richard BIANCHI

According to Article 67 EUTMR, any party adversely affected by this decision has a right to appeal against this decision. According to Article 68 EUTMR, notice of appeal must be filed in writing at the Office within two months of the date of notification of this decision. It must be filed in the language of the proceedings in which the decision subject to appeal was taken. Furthermore, a written statement of the grounds of appeal must be filed within four months of the same date. The notice of appeal will be deemed to be filed only when the appeal fee of EUR 720 has been paid.