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OPERATIONS DEPARTMENT |
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L123 |
Refusal of application for a European Union trade mark
(Article 7 EUTMR and Rule 11(3) EUTMIR)
Alicante, 12/01/2017
WILLIAMS POWELL
Staple Court
11 Staple Inn Buildings
London WC1V 7QH
REINO UNIDO
Application No: |
015664014 |
Your reference: |
JR/NH/N33475 |
Trade mark: |
SIMPLESTREAM |
Mark type: |
Word mark |
Applicant: |
Simplestream Limited 30 Haymarket 3rd Floor London SW1Y 4EX REINO UNIDO |
The Office raised an objection on 22/08/2016 pursuant to Article 7(1) EUTMR because it found that the trade mark applied for is not eligible for registration for the reasons set out in the attached letter.
Further to the applicant’s request, extension of time to submit observations was granted by the Office until 22/12/2016.
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 015664014 is hereby rejected for the following services:
Class 35 |
Advertising; advertising services provided via the Internet; production of television and radio advertisements.
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Class 38 |
Telecommunications; broadcasting; broadcasting and transmission of radio and television programmes; data transmission; transmission of radio and television programmes, text, messages, information, sound and images via communication and computer networks; streaming of radio and TV content; computer aided transmission of information, messages, text, sound, images, data and radio and television programmes; broadcasting and transmission of digital information by means of cable, wire or fibre; receiving and exchanging of information, text, messages, sound, images and data; electronic mail services; inter‑active video text services; news information and news agency services; message sending; enabling communications between computers; information and advisory services relating to any of the aforesaid services.
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Class 41 |
Entertainment services; radio and television entertainment services; interactive entertainment services; educational services, instruction and training offered remotely by means of broadcasting and transmission of audio and audio-visual content; provision of entertainment and education via communication and computer networks; provision of information relating to radio and television programmes.
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Class 42 |
Internet hosting; cloud hosting; cloud computing; managed hosting solutions, namely, administration of hardware, operating systems and system software or services; provision of a cloud based platform for the provision of online entertainment services; data storage services; hosting of online entertainment services for others; computer back-up, archiving and disaster recovery services; technical support in relation to all of the aforesaid services; consultancy services relating to all of the aforesaid services. |
The application is accepted for the remaining services, namely:
Class 35 Organisation, operation and supervision of loyalty and incentive schemes.
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.
Anna MAKOWSKA
Attachment: Notice of 22/08/2016 of absolute grounds for refusal
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