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OPERATIONS DEPARTMENT |
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L123 |
Refusal of application for a European Union trade mark
(Article 7 and Article 42(2) EUTMR)]
Alicante, 11/09/2018
ARPE PATENTES Y MARCAS, S.L.
C/Proción, 7, Edificio América II, Portal 2, 1ºC
E-28023 Madrid-Aravaca
ESPAÑA
Application No: |
017878502 |
Your reference: |
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Trade mark: |
WeRecycle
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Mark type: |
Figurative mark |
Applicant: |
Shenzhen WeiHuishou Technology Co., Ltd. 17B,Taibang Technology Bldg., Nanshan Science Park,Yuehai St.,Nanshan Shenzhen REPÚBLICA POPULAR DE CHINA |
The Office raised an objection on 18/05/2018 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.
In the present case, the relevant consumers would perceive the sign as providing information that the products have already been used and were processed so that they can be used again and/or that the producer will take them back to recycle them. In relation to the services, the sign provides the information that materials are recycled by the applicant (WeRecycle) and that the intended purpose or main focus of the services in question is to offer recycled products and consultancy especially in view of recycling procedures is provided by the applicant.
In addition, the sign has no characteristics or special elements that could be perceived by the relevant public as an identification of a company. The main function of a trade mark, namely to distinguish the goods and services of a company from those of others, is therefore not satisfied by the mark applied for.
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 17 878 502 is hereby rejected for the following goods and services:
Class 9 |
Smartphones; Cell Phones; Smart watches; Video telephones; Global positioning system (GPS) apparatus; 3D spectacles; Electronic power supplies; Rechargeable electric batteries; Data cables; Tablet computers; Computer peripheral devices.
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Class 35 |
Ordering services [for others]; Provision of trade information; Auctioneering; Provision of on-line business and commercial information; Sales management services; Ordering services for third parties; Sales promotion for others; Advertising and promotion services; business acquisitions consultation; Wholesale services in relation to games; Retail services in relation to smartphones; Retail services in relation to mobile phones; Retail services in relation to smartwatches.
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Class 40 |
Recycling of waste and trash; Waste treatment [transformation]; Refining services; Production of energy; Decontamination of hazardous materials; Sorting of waste and recyclable material [transformation]; Millworking; Upcycling [waste recycling]; recycling services; Recycling of valuable materials; Recycling; Recycling of plastics.
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Class 42 |
Consultancy in the design and development of computer hardware; Computer system design. |
The application may proceed for the remaining goods and services, namely:
Class 9 |
Downloadable image files; Computer game software downloadable from a global computer network; Recorded computer operating programs; Computer operating programs, recorded; Computer software, recorded; Electronic publications, downloadable; Computer programs [downloadable software]; Downloadable music files; Computer software applications, downloadable; Smartphone software applications, downloadable.
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Class 35 |
Business management consulting; Dissemination of advertising matter; Business assistance; On-line advertising on computer networks; Business consultancy; Provision of business information; Production of television commercials; Providing an on-line commercial information directory on the internet; Advertising services; Business management consulting services in the field of information technology; business management consultation; Retail services in relation to downloadable music files; Online retail services for downloadable and pre-recorded music and movies; Retail services in relation to downloadable electronic publications.
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Class 40 |
Air purification; Dressmaking.
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Class 42 |
Computer programming; Computer software design; Software (Updating of computer -); Rental of computer software; Recovery of computer data; Maintenance of computer software; Duplication of computer programs; Conversion of data or documents from physical to electronic media; Installation of computer software; Data conversion of computer programs and data [not physical conversion]; Rental of web servers; Computer virus protection services; Providing search engines for the internet; Monitoring of computer systems by remote access; off-site data backup; Electronic data storage; Providing information on computer technology and programming via a web site; Cloud computing. |
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.
Kristin KROLZIK
Avenida de Europa, 4 • E - 03008 • Alicante, Spain
Tel. +34 965139100 • www.euipo.europa.eu
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