Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 02/11/2017

CASALONGA ALICANTE, S.L.

Avenida Maisonnave, 41-6C

E-03003 Alicante

ESPAÑA

Application No:	016981714
Your reference:	ALM17-4052EM
Trade mark:	GPC GIVE PER CLICK
Mark type:	Word mark
Applicant:	Givewith LLC 51 West 52nd Street New York New York 10019 ESTADOS UNIDOS (DE AMÉRICA)

The Office raised an objection on 25/08/2017 pursuant to Article 7(1) EUTMR 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) EUTMR, the application for European Union trade mark No 16 981 714 is hereby rejected for the following services:

Class 36 Charitable fundraising; online charitable fundraising; consulting services in the field of charitable fundraising in the nature of identifying non-profit public service projects in need of funding; charitable fundraising, namely, providing corporations and business owners with opportunities to make monetary charitable contributions by means of dedicating a portion of the fees for purchased business services to non-profit public service projects; administering monetary charitable contributions to non-profit organizations, including measuring, tracking, verifying and impacts of financial contributions to non-profit beneficiary projects and reporting resulting information to the funders; non-profit fundraising by means of monetary contributions, donations and financial sponsorship; online fundraising services; providing an interactive website for individuals and non-profit organizations to raise money for projects; providing a website where individuals and organizations search for and make contributions for specific charitable and non-profit projects; providing a website featuring information regarding charitable contributions; providing fundraising information regarding charitable organizations.

Class 42 design and development of computer hardware and software; software as a service (SAAS) services featuring software that facilitates charitable contributions to be made to non-profits; software as a service (SAAS) services featuring software that allows users to learn about business and charitable opportunities, to build advertising campaigns, and to track their performance; application service provider (ASP) featuring software for use to facilitate charitable contributions to be made to non-profits; application service provider (ASP) featuring software that allows users to learn about business and charitable opportunities, to build advertising campaigns, and to track their performance; computer services, namely, providing an on-line community for users to participate in discussions, get feedback, form virtual communities, and engage in social networking in the field of charitable fundraising for non-profit organizations; IT services; computer services for the analysis of data.

The application will proceed accordingly for the remaining services:

Class 35 Business management; business administration; office functions; business consulting services that provide strategies to companies wishing to move towards socially responsible business practices; advertising services; advertising and promotion services and related consulting, namely, promoting the products and services of third parties through sponsoring arrangements; advertising, marketing and promotion services; providing business information regarding charitable organizations; promoting the charitable giving of others; advertising and marketing consultancy; data intelligence, namely, analysis of business, market, strategic business, consumer response, publicity and economic forecasting data in such a way that it can be used by companies to expand their services or investments or to make better decisions, and analysis of market research data and statistics; data management; data management services for the understanding and predicting of consumers, businesses, and market trends and actions; providing marketing analytics for others; collection and systemization of consumer research information into computer databases; business data analysis; compiling and analyzing statistics, data and other sources of information for business purposes; business consulting and information services; business consulting services, namely, aggregating and providing consumer research data and information to assist others with the evaluation of customer satisfaction for particular offers, products, incentives and rate structures; market research by means of computer database; business services, namely, quantifying, tracking, and assessing internet traffic and engagements on internet; business monitoring services, namely, tracking web sites of others to provide details about user click traffic or visits to the web site; business monitoring and consulting services, namely, tracking web sites and applications of others to provide strategy, insight, marketing, sales, operation, particularly specializing in the use of analytic and statistic models for the understanding and predicting of consumers, businesses, and market trends and actions; business information reporting services for publishers, advertisers, and businesses for the purpose of analyzing consumer behavior and market trends; developing reports for others in the fields of advertising, business, and consumer behavior; providing market intelligence services; data processing for the collection of data for business purposes; provision of computerized business statistics; data entry and data processing; electronic data processing; statistical evaluations of marketing data; management and compilation of computerized data; sponsorship search; market reports and studies; interpretation of market research data; online business data analytics; preparation of business statistical data; business management consulting services in the field of information technology; on-line appending and matching data; data indexing.

Class 36 Insurance; financial affairs; monetary affairs; real estate affairs.

Class 42 Scientific and technological services and research and design relating thereto; industrial analysis and research services; software as a service (SAAS) services featuring software for the collection, editing, organizing, analyzing, modifying, book marking, transmission, storage and sharing of data and information; application service provider (ASP) featuring software for the collection, editing, organizing, analyzing, modifying, book marking, transmission, storage and sharing of data and information.

According to Article 67 EUTMR, you have a right to appeal against this decision. According to Article 68 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.

Alistair BUGEJA