Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 18/08/2020

Stockholm Exercise Analytics AB

Wallingatan 12 bv

SE-11160 Stockholm

SUECIA

Application No:	018189606
Your reference:
Trade mark:	Athlete Advisor
Mark type:	Word mark
Applicant:	Stockholm Exercise Analytics AB Wallingatan 12 bv SE-11160 Stockholm SUECIA

The Office raised an objection on 31/01/2020 pursuant to Article 7(1)(b) and (c) and Article 7(2) EUTMR because it found that the trade mark applied for is not eligible for registration, for the reasons set out in the attached letter, which forms an integral part of this decision.

The application is for the word mark ‘Athlete Advisor’.

The sign for which registration is sought describes certain characteristics of the following goods and services:

Class 9: Computer software.

Class 41: Supervision of physical exercise.

Class 42: Computer software development.

The Office maintains its opinion that the relevant English-speaking consumer – both general consumers and, at least, specialists in the field of IT or sport (athletes) – would understand the sign as having the following meaning: an expert whose job is to give advice to another person or to a group of people (in this case to athletes), or advice provided by a consultant to athletes.

In the notice of grounds for refusal, the Office provided the following dictionary definitions for the words constituting the sign:

athlete ‘a person trained to compete in sports or exercises involving physical strength, speed, or endurance’ or ‘a person who has a natural aptitude for physical activities’ (information extracted from Collins English Dictionary on 31/01/2020 at https://www.collinsdictionary.com/dictionary/english/athlete );

advisor (or adviser) ‘an expert whose job is to give advice to another person or to a group of people’ or ‘a person who advises’ (information extracted from Collins English Dictionary on 31/01/2020 at https://www.collinsdictionary.com/dictionary/english/adviser ).

The sign will be easily understood by the relevant consumers as informing them that the goods, such as software, are for use by athletes, or are to be used by someone to get advice from an expert (a person who has a natural aptitude for physical activities) regarding nutrition, exercise routine, etc. The services in Class 42 will be perceived as being in connection therewith, and these services, such as the supervision of physical exercise, will be understood to be provided by an advisor to athletes.

It is clear that the sign, with respect to the abovementioned services, is an exclusively descriptive indication within the meaning of Article 7(1)(c) and Article 7(2) EUTMR as it refers only to the kind and intended purpose of the goods and services in question.

Given that the sign has a clear descriptive meaning, it is also devoid of any distinctive character and therefore objectionable under Article 7(1)(b) EUTMR, as it is incapable of performing the essential function of a trade mark, which is to distinguish the goods or services of one undertaking from those of other undertakings.

The applicant failed to submit observations. For the reasons set out in the letter of objection, and pursuant to Article 7(1)(b) and (c) and Article 7(2) EUTMR, the application for European Union trade mark No 18 189 606 ‘Athlete Advisor’ is hereby rejected for all the goods and services claimed.

According to Article 67 EUTMR, you have 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.

Roxana PISLARU