Refusal of application for a European Union trade mark

(Article 7 EUTMR and Rule 11(3) EUTMIR)

Alicante, 27/07/2016

NEXTMARQ

1 Rue Chabrier

F-13100 Aix-en-Provence

FRANCIA

Application No:	015234701
Your reference:
Trade mark:	ONE CLICK CROWDFUNDING
Mark type:	Figurative mark
Applicant:	Qingdao Phoenix Network Technology Corp., Ltd. Hong Yuan Community, Bei Zhai Street, Laoshan District, Qingdao City Shandong Province REPÚBLICA POPULAR DE CHINA

The Office raised an objection on 11/05/2016 pursuant to Article 7(1) EUTMR because it found that the trade mark applied for is lacking distinctive character and is found descriptive, for the reasons set out in the attached letter.

After the applicant amended the classification of the list of goods and services on 11/07/2016 the list of objectionable goods and services reads as follows:

Class 09 Computers; computer software (recorded); electronic publications [downloadable]; computer programs [downloadable software]; computer software applications, downloadable; computer programs, recorded; computer operating programs, recorded; computer game programs; downloadable image files; data processing apparatus.

Class 35 Updating and maintenance of data in computer databases; providing business information via a web site; advertising; business management assistance; sales promotion for others; bid and tender price comparison services; personnel management consulting; commercial or industrial management assistance; advice relating to advertising; import-export agencies.

Class 36 Insurance information; financial evaluation [insurance, banking, real estate]; financing services; fund investments; art appraisal; real estate management; surety services; charitable fund raising; trusteeship; lending against security.

Class 38 Message sending; data flow transmission; providing online forums; cellular telephone communications; providing telecommunications connections to a global computer network; providing user access to global computer networks; providing internet chat rooms; providing access to databases; information about telecommunication; electronic bulletin board services [telecommunications services].

Class 41 Academies; instruction services; services of schools [education]; arranging and conducting of workshops [training]; arranging and conducting of conferences; arranging and conducting of seminars; publication of books; publication of electronic books and journals on-line; providing on-line video, not downloadable; club services [entertainment or education]..

Class 42 Computer software design; electronic data storage; cloud computing; computer software consultancy; consultancy in the design and development of computer hardware; recovery of computer data; maintenance of computer software; computer system design; creating and maintaining web sites for others.

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) EUTMR, the application for European Union trade mark No 15 234 701 is hereby rejected for all the goods and services claimed.

According to Article 59 EUTMR, you have a right to appeal against this decision. According to Article 60 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.

Tobias KLEE