Partial refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 07/08/2018

Gleiss Große Schrell und Partner mbB

Leitzstr. 45

D-70469 Stuttgart

ALEMANIA

Application No:	017878324
Your reference:	207107_EM
Trade mark:	Recommendation Wizard
Mark type:	Word mark
Applicant:	Fujitsu Limited 1-1 Kamikodanaka, 4-chome Nakahara-ku, Kawasaki-shi Kanagawa-ken 211-8588 JAPÓN

The Office raised an objection on 13/04/2018 pursuant to Article 7(1)(b) and (c) and Article 7(2) EUTMR because it found that the trade mark applied for is not eligible for registration, for the reasons set out in the attached letter, which forms an integral part of this decision.

The sign for which protection is sought is descriptive and devoid of any distinctive character, and is not capable of distinguishing the goods and services to which an objection has been raised.

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) and Article 7(2) EUTMR, the application for European Union trade mark No 17 878 324, Recommendation Wizard, is hereby rejected for the following goods and services:

Class 9 Computer software.

Class 42 Computer programming services; maintenance and upgrading of computer software; optimization services for computers, in particular configuration, enhancing functions of computers and changing or adding of functions for computers, and providing information thereon; optimization services for computers, namely installation of computer software; computer system consulting and computer advisory services; software as a service (SAAS) services.

The application may proceed for the remaining goods and services:

Class 9 Computers; computer servers and computer peripheral devices; computer hardware for data storage.

Class 42 Computer rental services; server hosting; rental of web servers.

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.

Jesús ROMERO FERNÁNDEZ