OFFICE FOR HARMONIZATION IN THE INTERNAL MARKET

(TRADE MARKS AND DESIGNS)


Operations Department

L123


Refusal of application for a Community trade mark

(Article 7 CTMR and Rule 11(3) CTMIR)


Alicante, 18/03/2016


EUROMARKS

PO Box 123

NL-1400 AC Bussum

PAÍSES BAJOS


Application No:

014757918

Your reference:

100878

Trade mark:

EMOJI BINGO

Mark type:

Word mark

Applicant:

TARCO LTD

1 MAPP ST.

BELIZE CITY

BELICE


The Office raised an objection on 15/12/2015 pursuant to Article 7(1)(b) and (c) and 7(2) CTMR. because it found that the trade mark applied for is descriptive and non-distinctive for the reasons set out in the attached letter.


The applicant failed to submit observations within the time limit. For the reasons set out in the letter of objection, and pursuant to Article 7(1)(b) and (c) and 7(2) CTMR, the application for Community trade mark No 014757918 - EMOJI BINGO is hereby rejected for the following goods and services:


Class 9 Electronic bingo games, namely bingo games software, computer

systems or programmes relating to or featuring bingo games or any

other game of chance played by one or more players; on-line

gambling programs; computer programs; computer software;

gambling software; gaming software; downloadable games software.

Class 41 Bingo services; on-line bingo services and games; on-line gambling

services; electronic gambling; entertainment services; gambling

services; gaming services; provision of gambling services and/or

gaming services by means of the Internet, telephone, cellular,

television, cable, satellite, radio or by any other form of

communications means (electronic or otherwise); organizing,

managing, providing and administering all of the aforementioned

services; operating websites on the Internet in connection with bingo,

entertainment, gambling, gaming; operating lotteries; providing casino

facilities (gambling); game services provided on-line.


The application is accepted for the remaining services.


According to Article 59 CTMR, you have a right to appeal this decision. According to Article 60 CTMR, notice of appeal must be filed in writing with the Office within two months of the date of notification of this decision. 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 800 has been paid.


Patricia MOTZER

Avenida de Europa, 4 • E - 03008 Alicante • Spain

Tel. +34 96 513 9100 • Fax +34 96 513 1344

www.oami.europa.eu

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