The trademark application PERFORMANCE BRAIN was filed by WPP Luxembourg Gamma Sarl, a corporation established under the laws of the Grand Duchy of Luxembourg (the "Applicant"). Application under examination.
The application was filed in English (French was selected as the second language).
The Refusal with reference B 019087693 was Rejected according to Article 7(1)(b) EUTMR with decision issued on June 19, 2025 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer software
Computer programs (downloadable software)
Data processing equipment and computers
Downloadable computer software for the transmission of information
Software for the processing, transmission, storage, logging, reception and retrieval of data being in the form of encoded data, text, audio, graphic images or video or a combination of these formats
Computer software applications for the analysis of website traffic and targeting based on user behaviour
Computer software for obtaining and analysing search data and managing search advertisements for others on a global computer network
Computer software that enables users to organise and conduct meetings, events and interactive discussions via the internet and communication networks
Computer software for sending and receiving electronic messages, photographs, images, multimedia content, data, text, audio, videos via the Internet and via communication networks
Computer software which allows users to create and publish their own content, images, videos and audio via the Internet and communication networks
Computer software in the field of marketing and marketing surveys
Artificial intelligence software for use in market research and data analytics
Computer software for collecting, organising, managing, modifying, transmitting, sharing and storing data and information
Electronic data storage apparatus
Telecommunications and communications apparatus and instruments
Image processing apparatus and instruments
Photographic apparatus and instruments
Computer hardware
Downloadable electronic publications provided online from computer databases, the Internet or other electronic networks
Downloadable data, text, audio, graphic images or video provided from computer databases, the internet or other electronic networks
Apparatus for downloading data, text, audio, graphic images or video from computer databases, the Internet or other electronic networks
Augmented and artificial intelligence apparatus and software
Data feeders linked with artificial intelligence
Data feeders for use with artificial intelligence
Computer software for machine learning, data query, and data analysis
Computer software for cognitive computing, deep learning and artificial intelligence
Downloadable AI computer software for the optimisation of advertising and marketing campaigns, for the optimisation of media buying and strategy and for creative analytics for campaign optimisation
Parts and fittings for all the aforesaid goods.
The mark was filed in class 35 with following description of goods:
Advertising services
Promotional services
Marketing services
Publicity services
Public relations services
Media research, namely, research into the effects of different mass media on consumer opinions and behaviour, and the provision of consultancy services in connection with the utilisation of the results of media research
Media buying services
Planning, buying and negotiating advertising and media space and time
Business and business management services
Social media business strategy services
Business research, strategic planning, advisory and consultation services for others in the field of advertising, marketing, communications, social media, promotions and public relations
Brand creation, positioning and strategy services
Consultancy services in relation to brand strategies, brand management, customer relationship management, marketing and consumer targeting
Production of advertising matter and commercials
Creation of advertising campaigns
Sales promotion services, namely, promoting the goods and services of various industries through the distribution of promotional materials and by rendering sales promotion advice
Customer relationship management services
Compilation of advertisements for use as web pages on a global computer network
Providing media services in the field of one-to-one advertising and marketing, namely, the planning and purchase of media time and space for direct marketing advertising
Digital and online advertising and marketing services
Interactive marketing services
Advertising and marketing services provided by means of indirect methods of marketing communications, namely, social media, inquiry marketing, internet marketing, mobile marketing, blogging and other forms of passive, shareable, or viral communications channels
Promotion of goods and services through sponsorship
Organization of promotional campaigns and related consultancy services
Event marketing
Promotion of prize draws, competitions and customer incentives
Organisation of exhibitions and trade fairs for commercial and advertising purposes
Market research and market analysis
Business data analysis services
Opinion polling services
Analysis and study of information collected on consumer opinions and behaviour through market research and advertising studies
Marketing studies
Trend analysis services
Statistical analysis and compilation
Data processing
Segmentation and profiling of market data
Compiling of information into databases
Management of databases
Advertising, marketing, media research, strategic planning and market analysis services optimised by artificial intelligence
Information services related to augmented and artificial intelligence for business purposes
Collection, compilation and preparation of information, data and statistics related to augmented and artificial intelligence for business purposes
Provision of information, advice and consultancy relating to the aforesaid
Provision of the aforesaid services on-line from a computer database or a global computer network.
The mark was filed in class 42 with following description of goods:
Design services
Product design and development
Editing services for computer programs
Art work design
Industrial design services
Design of packaging
Styling agencies (industrial design)
Graphic arts designing
Interior design services
Fashion design
Architectural services
Research and development of new products for others (product development)
Development of computer systems in the field of graphic arts
Design (creation) and development of market research tools
Creation of virtual and interactive images
Software design and development, computer programming services, hosting of computer sites (web sites)
Design and development of computer software
Updating and maintenance of computer software
Installation of computer software and computer programs
Development of systems for the storage of data
Rental of computer software
Services of an application service provider, namely, installation, electronic storage, rental, and maintenance of application software that allows users to play and program music and entertainment-related audio, video, text and other multimedia content
Information in relation to computerised data storage services
Artificial intelligence consultancy
Research in the field of artificial intelligence
Providing artificial intelligence computer programs on data networks
Software as a service [SaaS] featuring computer software platforms for artificial intelligence
Providing online non-downloadable computer software for machine learning, data query, and data analysis
Providing online non-downloadable computer software for cognitive computing, deep learning and artificial intelligence
Providing online non-downloadable software that uses artificial intelligence to see and interpret data, connect with hardware and store, and manage and process data in the cloud
Providing non-downloadable AI computer software for the optimisation of advertising and marketing campaigns, for the optimisation of media buying and strategy and for creative analytics for campaign optimisation
Research and consultancy services relating to the aforesaid
Provision of information relating to the aforesaid
Provision of the aforesaid services on-line from a computer database or a global computer.