Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 30/04/2018

INGENIAS

Av. Diagonal, 421,2º

E-08008 Barcelona

ESPAÑA

Application No:	017760216
Your reference:	INT9440
Trade mark:	AI STB
Mark type:	Word mark
Applicant:	HIMEDIA TECHNOLOGY LIMITED B201, ZHONGDI BUILDING, PRODUCE-LEARN-RESEARCH BASE, CHINA UNIVERSITY OF GEOSCIENCES, NO. 8, YUEXING 3RD ROAD, HIGH-NEW SOUTH DISTRICT, NANSHAN DISTRICT, SHENZHEN, GUANGDONG REPÚBLICA POPULAR DE CHINA

The Office raised an objection on 07/02/2018 pursuant to Article 7(1) EUTMR because it found that the trade mark applied for is not eligible for registration under Article 7(1)(b) and (c) EUTMR and Article 7(2) EUTMR, for the reasons set out in the attached letter, which forms an integral part of this decision.

The Office maintains that, taken as a whole, the abbreviations ‘AI STB’ immediately informs consumers without further reflection that the goods applied for are artificial intelligence set-top boxes. Therefore, the mark conveys obvious and direct information regarding the kind, feature and functionality of the goods in question. In addition, the relevant consumers would not perceive AI STB as an indication of commercial origin, but simply as information that the goods in question are, are part of or used with set-top boxes with artificial intelligence.

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 17 760 216 is hereby rejected for the following goods:

Class 9 Computer software applications, downloadable; Tablet computers; Humanoid robots with artificial intelligence; Microphones; Set-top boxes; Remote controls.

The application may proceed for the remaining goods, namely:

Class 9 Video telephones; Cabinets for loudspeakers; Pickups [for telecommunication apparatus]; Portable media players.

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.

Anja Pernille LIGUNA