Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 26/01/2018

Katarzyna Binder-Sony

First Floor, 3 More London Riverside

London SE1 2RE

REINO UNIDO

Application No:	017194424
Your reference:	1041396
Trade mark:	YOUSAVE
Mark type:	Figurative mark
Applicant:	Enervee CORPORATION Unit D, 2100 Abbot Kinney Blvd, Venice California 90291 ESTADOS UNIDOS (DE AMÉRICA)

The Office raised an objection on 28/09/2017 pursuant to Article 7(1) EUTMR because it found that the trade mark applied for is ineligible for registration under Article 7(1)(b) and Article 7(2) EUTMR, 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 17194424 is hereby rejected for all the services claimed, namely:

Class 42 Providing temporary use of online non-downloadable software in the field of energy information for calculating energy usage and efficiency; providing a website featuring online non-downloadable software for providing energy efficiency and energy cost information and product information; providing temporary use of online non-downloadable embeddable web software applications for calculating energy usage and efficiency in all of the foregoing fields for inclusion in third-party web pages; providing temporary use of online non-downloadable software tools for others to design and create embeddable website applications; hosting interactive web sites of others that allow users to read articles and post content regarding energy efficiency and energy cost information, purchasing, procurement and transportation.

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.

Monika Karolina SZALUCHO