Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 31/01/2019

Hyperight

Regeringsgatan 70A

SE- Stockholm

SUECIA

Application No:	017963624
Your reference:	DIS
Trade mark:	Data Innovation Summit
Mark type:	Word mark
Applicant:	Hyperight Regeringsgatan 70A SE- Stockholm SUECIA

The Office raised an objection on 26/10/2018 pursuant to Article 7(1)(b), (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 took the view that the relevant English-speaking consumers would perceive the sign as providing information that the services applied for, which are e.g. conference services, trade show and exhibition services, etc. are provided in the field of data innovation. Therefore, the relevant consumer would perceive the sign as providing information about the kind, nature, quality and subject-matter of the services in question.

With the notice the applicant was given opportunity to submit observations in reply. Pursuant to Article 94 EUTMR, it is up to the Office to take a decision based on reasons or evidence on which the applicant has had an opportunity to present its comments.

The applicant failed to submit observations within the time limit. Consequently further argumentation is superfluous. For the reasons set out in the letter of objection, and pursuant to Article 7(1)(b), (c) and Article 7(2) EUTMR, the application for European Union trade mark No 17 963 624 is hereby rejected for the following services:

Class 35 Advertising; trade show and exhibition services; arranging of trade shows; organizing of trade shows; conducting of trade shows; exhibitions (Conducting -) for trade purposes; exhibitions (Arranging -) for trade purposes; Trade show management services; rental of advertising time on communication media; rental of advertisement space; rental of advertising space on the internet; promotion services; marketing; distribution of advertising, marketing and promotional material; rental of advertising material; rental of all publicity and marketing presentation materials.

Class 41 Conference services; Arranging conferences; Arranging of conferences; Arranging and conducting conferences; Seminars; Conducting of business conferences; Organising of educational conferences; Organisation of meetings and conferences; Conferences (Arranging and conducting of -); Organisation of seminars and conferences; Arranging and conducting of conferences; Arranging of conferences relating to commerce; Arranging of conferences relating to business; Arranging of conferences relating to trade; Arranging and conducting conferences and seminars; Arranging of an annual conference relating to telecommunications; Arranging and conducting of commercial, trade and business conferences; education; publishing and reporting; arranging and conducting of educational events; organisation of educational events; ticketing and event booking services; publication services.

The application may proceed for the following remaining goods and services:

Class 25 Clothing; footwear; headgear.

Class 35 Business management; Business administration; Office functions; provision of trade information; arranging of demonstrations for commercial purposes; arranging of demonstrations for business purposes; arranging of demonstrations for advertising purposes; product demonstrations and product display services; business assistance, management and administrative services; business networking services; publicity publication services; compilation of directories for publication on the internet; rental of sales stands; Consultancy and advisory services relating to personnel recruitment.

Class 41 Arranging of demonstrations for entertainment purposes; arranging of demonstrations for training purposes; arranging of demonstrations for educational purposes; educational demonstrations; entertainment and sports; arranging and conducting of entertainment events; organisation of events for cultural, entertainment and sporting purposes; organizing and presenting displays of entertainment relating to style and fashion; ticket agency services [entertainment]; providing facilities for recreation activities.

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.

Jiri JIRSA