Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 25/04/2018

LANDMARK B.V.

Drentsestraat 4

NL-3812 EH Amersfoort

PAÍSES BAJOS

Application No:	017659103
Your reference:
Trade mark:	WeSign
Mark type:	Word mark
Applicant:	ComSign Trust Ltd. P.O. Box 58007 Tel Aviv 61580 ISRAEL

The Office raised an objection on 06/02/2017 pursuant to Article 7(1) EUTMR because it found that the trade mark applied for is descriptive and devoid of distinctive character, for the reasons set out in the attached letter: the average English-speaking consumer would understand the sign as having the following meaning: with this software we enable you to sign documents electronically. Therefore, the relevant consumers would perceive the sign as providing information about the intended purpose of the goods in question.

Given that the sign has a clear descriptive meaning, it is also devoid of any distinctive character and therefore objectionable under Article 7(1)(b) EUTMR, as it is incapable of performing the essential function of a trade mark, which is to distinguish the goods or services of one undertaking from those of its competitors.

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 17 659 103 is hereby rejected for the following goods:

Class 9 Computer software; computer programs and components for computers; computer programs for mobile devices, computer applications for tablets, mobile devices or telephones; downloadable computer application software for mobile phones or tablets for allowing remote digital signature on documents..

The application may proceed for the remaining goods and services.

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.

SZABOLCS KISS