Refusal of application for a European Union trade mark

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

Alicante, 20/06/2016

MARKPLUS INTERNATIONAL

39 rue Fessart

F-92100 Boulogne-Billancourt

FRANCIA

Application No:	015248503
Your reference:
Trade mark:	CASHBACK BLACKJACK
Mark type:	Word mark
Applicant:	Playtech Software Limited Trident Chambers, P.O. Box 146 Road Town Tortola ISLAS VÍRGENES DE GRAN BRETAÑA

1. The Office raised an objection on 12/04/2016, pursuant to Article 7(1)(b) and (c) EUTMR and Article 7(2) EUTMR because it found that the trade mark applied for is descriptive and devoid of any distinctive character, for the reasons set out in the attached letter.

2. Pursuant to Article 75 EUTMR, it is up to the Office to take a decision based on reasons or evidence on which the applicant has had an opportunity to present its comments.

The applicant did not submit any observations within the set time limit.

3. Therefore, and for the reasons set out in the letter of 12/04/2016, and pursuant to Article 7(1)(b) and (c) EUTMR and Article 7(2) EUTMR, the application for European Union trade mark No 15248503 is hereby rejected for the following goods and services:

Class 9: Computer game and gambling software; computer game and gambling programs; video game and gambling software; video game and gambling programs; game and gambling software for use with gaming and gambling machines; game and gambling software for use with television sets; game and gambling software applications for use with mobile devices and cellular phones.

Class 28: Gaming machines, including slot machines and poker machines; games for gaming machines; gaming equipment and apparatus; gaming tables; amusement game machines and games (automatic and coin operated), arcade games; arcade game machines; gaming chips; computerized video table games for gaming purposes; video game consoles for use with an external display screen or monitor; video game machines for use with televisions; playing card shuffling machines and card games; equipment sold as a unit for playing card games.

Class 41: Entertainment services, namely, providing online casino, gaming, and gambling services; providing online non-downloadable virtual slot machines and other instant win games of chance; providing online casino games including roulette games, slot machines, blackjack, keno, baccarat, scratch cards and poker games; entertainment services, namely, providing on-line games, interactive games, mobile games, social games and game applications; games enhancements within online computer games, interactive games, mobile games, social games and game applications; providing online reviews of computer games, interactive games, mobile games and game applications; providing of information relating to computer games, interactive games, mobile games, social games and game applications; gaming; interactive gaming; providing games and game applications on social, mobile, personal electronic devices, portable electronic devices and gaming platforms; providing an internet website portal in the field of games and gaming; organizing and conducting contests, tournaments and other games of chance; providing electronic games.

Class 42: Providing temporary use of non-downloadable computer game and gambling software; providing temporary use of non-downloadable computer game and gambling programs; providing temporary use of non-downloadable software game and gambling applications.

The application is accepted for the remaining goods, namely:

Class 28: Poker chips; equipment sold as a unit for playing board games.

According to Article 59 EUTMR, you have a right to appeal this decision. According to Article 60(1) EUTMR, 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 720 has been paid.

Anne-Lee KRISTENSEN