Alicante, 11 September 1998

magnetic data carriers, recording discs; compact discs, DVDs and other digital ... and image files; audio books; podcasts; data processing equipment, computer.
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OFFICE FOR HARMONIZATION IN THE INTERNAL MARKET (TRADE MARKS AND DESIGNS) The Boards of Appeal

UNOFFICIAL DOCUMENT FOR INFORMATION PURPOSES ONLY DECISION of the Fourth Board of Appeal of 28 May 2015

In Case R 2889/2014-4 Verlagsgruppe Droemer Knaur GmbH & Co. KG Hilblestr. 54 D-80636 Munich Germany Iny Klocke Elmar Wolrath Jupiterweg 2 D-85586 Poing Germany

Applicants/Appellants

represented by SKW Schwarz Rechtsanwälte, Wittelsbacherplatz 1, DE-80333 Munich, Germany

APPEAL relating to Community trade mark application No 1 291 7621

THE FOURTH BOARD OF APPEAL composed of D. Schennen (Chairperson and Rapporteur), E. Fink (Member) and L. Marijnissen (Member) Registrar: H. Dijkema gives the following

Language of the case: German DECISION OF 28 MAY 2015 – R 2889/2014-4 – DIE WANDERHURE

2

Decision Summary of the facts 1

The authors of the novel of the same name and their publisher sought to register the word mark DIE WANDERHURE as a Community trade mark in respect of the following goods and services: 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; compact discs, DVDs and other digital recording media; recorded image and sound recording carriers; data carriers of all kinds with or without data; downloadable sound and image files; audio books; podcasts; data processing equipment, computer and computer software; downloadable electronic publications. Class 16 – Paper, cardboard and goods made from these materials, included in class 16, namely announcement cards (stationery), stickers (stationery), labels of paper, identification tags, storage containers, boxes, containers, placards, posters, display banners, advertising signs, packaging materials; printed matter, in particular printed publications, books, brochures, handbooks (manuals), loose-leaf binders, newspapers, leaflets, magazines and periodicals, and websites in printed form; photographs; thumbtacks (stationery); pads (stationery). Class 35 – Sale of books; collating, compiling, updating and maintaining of data, information and publications in databases, in particular e-books, e-newspapers, e-periodicals, e-magazines and other audio, video, image and text files; advertising; dissemination of advertising matter for others, in particular in printed matter, on the internet and via mobile telecommunications apparatus; rental of advertising space; rental of advertising time on communication media, including on digital networks; marketing and public relations for others, including on digital networks; wholesaling and retailing, in particular e-commerce in the field of printed and electronic publishing products; digitisation of documents and templates by means of optical character recognition (OCR) for others (office functions). Class 38 – Telecommunications; providing platforms or portals on the internet; providing access to information and computer programs on data networks, including the internet, including entry, search and navigation functions; providing access to databases containing electronic publications and publishing products on data networks, including the internet, including entry, search and navigation functions; electronic transmission of messages, images and text, in particular transmission of electronic publishing products, including e-books, e-magazines and e-newspapers; news agencies; providing chat lines, chat rooms and forums on the internet or other data networks. Class 41 – Education; providing of training; entertainment; sporting and cultural activities; publication of printed matter, including in electronic form, other than for advertising purposes; publish