The trademark application PERFORMANCE+ was filed by Amazon Technologies, Inc., a U.S. corporation (the "Applicant"). Application under examination.
The application was filed in English (French was selected as the second language).
The Refusal with reference B 019061625 was Rejected according to Article 7(1)(b) EUTMR with decision issued on April 27, 2025 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Downloadable computer software for the creation and delivery of digital content and advertising via global communication networks
Downloadable computer software for tracking, monitoring, and reporting on trends for advertising, marketing, and promotional purposes
Downloadable computer software for evaluating and analyzing customer behavior in the field of advertising and marketing
Downloadable computer software for media buying
Downloadable computer software for the purpose of development of advertising-focused technology, data, and analytic tools
Downloadable computer software for the purpose of evaluating customer behavior
Downloadable computer software for customizing the subject matter and appearance of digital content and advertising
Recorded computer software, downloadable computer programs and downloadable software applications for use in providing retail and ordering services for a wide variety of consumer goods
Downloadable computer software for use as an application programming interface (API)
Recorded computer software, downloadable computer programs and downloadable software applications for enabling the distribution of digital and video advertising through an electronic media, specifically the Internet, wireless networks, and mobile and portable devices
Recorded computer software, downloadable computer programs and downloadable software applications for use in creating and transmitting via the Internet messages and advertisements, in connection with digital advertising campaign management services
Recorded computer software, downloadable computer programs and downloadable software applications that analyzes the meaning of website content in order to optimize and provide targeted advertising to consumers while protecting advertiser brands in real-time
Recorded and downloadable computer software, namely, software using artificial intelligence and machine learning to automate campaign setup, audience creation, and optimization
Recorded and downloadable computer software using artificial intelligence for allowing users to integrate human judgment and review into artificial intelligence and machine learning software applications for complex decision-making
Recorded and downloadable computer software using artificial intelligence and machine learning for auditing and providing analytic capabilities on source code and application software
Recorded and downloadable computer software using artificial intelligence and machine learning for creating and integrating source code and application software into artificial intelligence and machine learning software applications
Recorded and downloadable computer software using artificial intelligence and machine learning with human judgment for reviewing source code, application software, data, and operational metrics.
The mark was filed in class 35 with following description of goods:
Digital and video advertising services provided via electronic media, specifically the Internet, wireless networks, and mobile and portable devices
Advertising services, namely, creating, composing, updating, compiling, disseminating, supporting, tracking, reporting on and analyzing advertisements for distribution on internet web pages and wireless networks
Semantic advertising services, namely, advertising analysis of the meaning of website content in order to optimize and provide targeted advertising to consumers while protecting advertiser brands in real-time
Providing advertising, marketing, and promotional services, namely, the management and development of advertising campaigns through electronic media, specifically the Internet, wireless networks, and mobile and portable devices
Publishing of advertising texts
Outdoor advertising
Pay per click advertising management services
Advertising agency services
Digital advertising services
Online advertising services for others
Production of advertising matter and commercials
Business management consulting with relation to strategy, marketing, sales, operation, product design particularly specializing in the use of analytic and statistic models for the understanding and predicting of consumers, businesses, and market trends and actions
Providing advertising services on television home shopping channels or applications in the field of general consumer merchandise, namely cosmetic and beauty products, cutlery, food preparation implements, kitchen knives, computer hardware, computer software, downloadable music files, downloadable electronic publications, electronic book readers, home automation control devices, information technology equipment, mobile phones, navigation devices, recorded content, set-top boxes, smartphones, smartwatches, tablet computers, wearable computers, cooling equipment, food cooking equipment, freezing equipment, heaters, heating equipment, lighting, refrigerating equipment, sanitary installations, vehicles, automobile accessories, automobile parts, bicycle accessories, car accessories, pushchairs, jewellery, time instruments, musical instruments, art materials, educational supplies, printed matter, stationery supplies, bags, luggage, umbrellas, furnishings, furniture, cleaning articles, cookware, tableware, clothing, footwear, headgear, festive decorations, games, sporting equipment, toys, video game apparatus, non-alcoholic beverages, alcoholic beverages, beer, gardening products, horticulture equipment, kitchen appliances, domestic electronic equipment, domestic electrical equipment, food, foodstuffs, pet products, hair products, fashion accessories and clothing accessories
Provide business information in the social media field
Provide marketing consulting in the social media field
Provide business information via the internet, wired networks or other forms of data transmission
Advertising research
Marketing research
Market research
Business strategic planning services
Analysis of business data
Market analysis and research services
Computerized market research service
Business advisory, consultancy and information services
Statistical evaluation of marketing data
Market research data and statistical analysis
Economic forecasting and analysis
Consumer profiling for commercial or marketing purposes
Consumer research
Providing an online searchable database featuring information related to conducting market surveys
Business management consultancy
Business management consulting online
Creation and updating advertising material
Development of advertising concepts
Editing, production, and distribution of advertising materials
Publication of advertising and publicity materials
Distribution of advertising materials
Distribution of advertising and advertising materials in the nature of flyers, prospectuses, brochures, leaflets and samples
Scriptwriting for advertising purposes
Production of advertising films
Copy writing for advertising purposes
Rental of advertising space
Provision and rental of an online space for advertising
Provision of advertising space in periodicals, newspapers and magazines
Provide advertising space through electronic channels and global information networks
Rental of advertising time on communication media
Advertising intermediation
Online advertising for others by electronic communication network
Rental advertising space and advertising materials
Public relations
Consultancy regarding public relations communications strategy
Public relations consultancy
Provision of an on-line marketplace for buyers and sellers of goods and services.
The mark was filed in class 42 with following description of goods:
Digital advertising technology provider featuring software and services to enable the distribution of digital and video advertising through an electronic media, specifically the Internet, wireless networks, and mobile and portable devices, namely, providing temporary use of an online, nondownloadable Internet software platform for use in creating and transmitting via the Internet messages and advertisements, in connection with digital advertising campaign management services
Providing online non-downloadable software that analyzes the meaning of website content in order to optimize and provide targeted advertising to consumers while protecting advertiser brands in real-time
Software as a service services featuring software to enable the distribution of digital and video advertising through an electronic media, namely, providing temporary use of an online, non-downloadable Internet software platform for use in creating and transmitting via the Internet messages and advertisements, in connection with digital advertising campaign management services
Rental of computer software and programs for use in creating and transmitting via the Internet messages and advertisements, in connection with digital advertising campaign management services design and development of computer software
Computer programming services for business analysis and reporting
Monitoring of computer systems by remote access
Development and creation of computer programs for data processing
Creating and designing website-based indexes of information for others
Updating of data processing software
Designing websites for advertising purposes
Cloud storage services for electronic data
Digital compression of computer data
Graphic design of advertising materials
Providing nondownloadable computer software, namely, software using artificial intelligence and machine learning to automate advertising campaign setup, audience creation, and optimization
Providing nondownloadable computer software using artificial intelligence for allowing users to integrate human judgment and review into artificial intelligence and machine learning software applications for complex decision-making
Providing nondownloadable computer software using artificial intelligence and machine learning for auditing and providing analytic capabilities on source code and application software
Providing nondownloadable computer software using artificial intelligence and machine learning for creating and integrating source code and application software into artificial intelligence and machine learning software applications
Providing nondownloadable computer software using artificial intelligence and machine learning with human judgment for reviewing source code, application software, data, and operational metrics.