Refusal of application for a European Union trade mark

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

Alicante, 21/12/2016

FremantleMedia Limited

Isabelle Brender

1 Stephen Street

London W1T 1AL

REINO UNIDO

Application No:	015834013
Your reference:	Gissalaten
Trade mark:	GISSA LÅTEN!
Mark type:	Figurative mark
Applicant:	FremantleMedia Sverige AB Heliosgatan 11 SE-120 30 Stockholm SUECIA

The Office raised an objection on 04/10/2016 pursuant to Article 7(1)(b) and (c) EUTMR and 7(2) EUTMR because it found that the trade mark applied for is partially descriptive and devoid of distinctive character, 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) EUTMR and 7(2) EUTMR, the application for European Union trade mark No 15 834 013 is hereby rejected for the following goods and services:

Class 9 mobile phone games; software for digital games, software for mobile phone games; DVD games.

Class 41 Entertainment services; entertainment services in the nature of production and distribution of television programmes and audio and/or video recordings provided through cable television, Internet, video on-demand, mobile devices and other distribution platforms; entertainment; online entertainment; electronic games services provided by means of the Internet; musical and television entertainment services ; game shows; television entertainment services involving telephonic audience participation; interactive entertainment for use with a mobile phone; Internet based games; Entertainment services.

The application may proceed for the remaining goods and services:

Class 9 Cinematographic films; animated cartoons; film strips; movies; magnetic recordings; optical recordings; magneto-optical recordings; solid-state recordings; audio-visual teaching apparatus; electronic books and publications; multi-media discs and publications; multi-media recordings and publications; laser-readable discs; video discs and publications; computer software; computer programs; digital recordings; media bearing, or for recording, sound and/or video and/or data and/or information; apparatus and instruments for recording and/or reproducing sound and/or video and/or information; holograms; floppy disks; compact discs; gramophone records; audio tapes; tape cassettes; video tapes; laser discs; compact discs-interactive CD ROMS; digital video discs (DVD); communications apparatus and instruments; telephones; mobile phones; chargers; chargers for mobile phones; hands-free apparatus for mobile phones; karaoke machines; parts and fittings for all the aforesaid goods; decorative magnets; mouse pads; straps for cellular phones; sunglasses; blank memory cards; memory card cases; CD cases; computer keyboards; joysticks; downloadable image files; downloadable wallpapers for computers and/or mobile phones; downloadable screensavers for computers and/or mobile phones; downloadable video recordings; downloadable musical sound recordings; downloadable ring tones for mobile phones; multi-media discs and electronic publications (downloadable); multi-media recordings and electronic publications (downloadable); video discs and electronic publications (downloadable)..

Class 38 Broadcasting; television broadcasting; radio broadcasting; satellite television broadcasting; cable television broadcasting; communications by telephone; interactive telephone services; telephone messaging services; communication services by means of radio waves, telephones, the Internet, the worldwide web, cable, satellite, microwaves and electricity grid; telephony.; Broadcasting.

Class 41 Education services; educational services relating to entertainment; information relating to entertainment or education, provided on-line from a computer database or the Internet or by communications satellite, microwave or other electronic, digital or analogue media; publishing services; sporting and cultural activities; the provision of online electronic publications; rental of audio and or video recordings, radio and television programmes and films; theatrical and film entertainment services; publication of books, texts and journals online; providing digital video and or audio recordings (not downloadable) via a computer network such as the Internet; providing online electronic publications (not downloadable) online from databases or the Internet; providing electronic images and artwork (not downloadable) on-line from databases or the Internet; theatre entertainment; organisation, production and presentation of events for educational, cultural or entertainment purposes; organisation, production and provision of video clips via mobile or computer networks for entertainment and/or educational purposes; education and entertainment services namely editing, posting, displaying, tagging, blogging, sharing or otherwise providing data including images, graphics, sound, text or audio-visual information via the Internet or other communications network for educational and entertainment purposes.; education services.

Class 42 Computer programming; Computer programming and software design; Computer software (design of -); Computer software development in the field of mobile applications.

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.

Elna ISAKSSON