Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 06/11/2018

Markets Place

Business Center Eurotour 12 Mihail Tenev Str., Fl.9

1000 Sofia

BULGARIA

Application No:	017926602
Your reference:
Trade mark:	ICOAdmin
Mark type:	Word mark
Applicant:	Markets Place Business Center Eurotour 12 Mihail Tenev Str., Fl.9 1000 Sofia BULGARIA

The Office raised an objection on 17/07/2018 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 Office maintains that, taken as a whole, the sign ‘ICOAdmin’ immediately informs consumers without further reflection that the subject matter of the goods (recorded content) in Class 9 is about the administration of ICO (Initial Coin Offering), goods such as Information technology and audio-visual, multimedia devices; Measuring, detecting and monitoring instruments, indicators and controllers; Scientific research and laboratory apparatus, educational apparatus and simulators; Information technology and audiovisual equipment are intended to administrate the Initial Coin Offering (ICO); the services Advertising, marketing and promotional services in Class 35 are for advertising or promoting ICO administration services and the Business analysis, research and information services; Business assistance, management and administrative services are to analise and research in the field of ICO administration and also to control or organize a business in the field of ICO administration. Regarding the services in Class 42 are for designing or developing systems, platforms or software for ICO’s administration, for securing computer data and for carrying out testing, authenticating and performing quality control services in the ICO administration field. Therefore, the sign describes the kind, quality, intended purpose and subject matter of the goods and services in question

The applicant failed to submit observations within the time limit and upon further examination, the Office decided to maintain the objection.

Since no further arguments have been presented nor further evidence has been submitted, the Office refers in full to the objection letter.

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 17 926 602 COAdmin’ is hereby rejected for the following goods and services:

Class 9 Information technology and audio-visual, multimedia devices; Measuring, detecting and monitoring instruments, indicators and controllers; Recorded content; Scientific research and laboratory apparatus, educational apparatus and simulators; Information technology and audiovisual equipment.

Class 35 Advertising, marketing and promotional services; Business analysis, research and information services; Business assistance, management and administrative services.

Class 42 Design services; IT services; Science and technology services; Testing, authentication and quality control.

The application will proceed accordingly for the following goods:

Class 9 Diving equipment; photographic devices; Magnets, magnetizers and demagnetizers; Navigation, guidance, tracking, targeting and map making devices; Optical devices, enhancers and correctors; Safety, security, protection and signalling devices; Scientific and laboratory devices for treatment using electricity

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.

Moises Paulo ROMERO CABRERA