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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, 16/04/2020
Brookes IP
Windsor House
6-10 Mount Ephraim Road
Tunbridge Wells, Kent TN1 1EE
REINO UNIDO
Application No: |
018009103 |
Your reference: |
1820132EM/JM |
Trade mark: |
MOVE MEE
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Mark type: |
Word mark |
Applicant: |
Move Mee Ltd 9 Cheam Road Epsom Surrey KT17 1SP REINO UNIDO |
The Office raised an objection on 21/12/2020 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 average English-speaking consumer would understand the sign ‘MOVE MEE’ as a description of the intended purpose of the goods and services in question, namely, to transport the consumer from one place to another as required. This will be performed through the assistance of the software applications on class 09 and provision on-line of such applications, as listed on class 42. As for the business and financial services in classes 35 and 36, these will be considered ancillary to the main purpose described, by providing the overall structure by which the means of transport are rented or leased.
Given that the sign has a clear descriptive meaning, it is also devoid of any distinctive character and therefore objectionable under Article 7(1)(b) EUTMR, as it is incapable of performing the essential function of a trade mark, which is to distinguish the goods or services of one undertaking from those of its competitors.
In this regard, the combination of the words that compose the sign at issue does not possess any feature regarding the way in which they are combined that allows the mark to fulfil its essential function for the goods and services for which protection is sought. Moreover, the simple adding of a letter ‘E’ to the sign at issue does not does not necessarily give rise to an invented word that is fanciful or arbitrary. It has virtually no effect on the meaning transmitted by the whole expression, and no effect at all on the meaning as far as the pronunciation of these words is concerned.
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 18009103 is hereby rejected for the following goods/services:
EN-9 |
Software and software applications (apps) in connection with the transport of individuals and goods by vehicle, rental and leasing of vehicles, in particular electric vehicles and autonomous vehicles, and organisation, arranging, reservation and booking of seats for travel and transport services.
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EN-35 |
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EN-36 |
Financial services in the field of leasing and rental of vehicles.
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EN-42 |
Providing use of on-line non-downloadable software for providing transportation services, bookings for transportation services and despatching motorised vehicles to customers; providing virtual computer systems and virtual computer environments through cloud computing for use in connection with land vehicles; hosting an on-line community website featuring information about vehicles; interactive hosting services which allow users to remotely view, monitor, program, operate and control motor vehicle systems for others. |
The application may proceed for the remaining goods/services:
EN-9 |
Global positioning systems (GPS); downloadable mobile applications to make restaurant reservations, locate parking; downloadable mobile applications to reserve parking space, request valet service, delivery of parcels, concierge services; downloadable mobile applications to locate vehicle charging stations; computer software, namely, electronic financial platform that accommodates multiple types of payment and debit transactions in an integrated mobile phone and web based environment.
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EN-35 |
Advertising; advertising in and on land vehicles; arranging commercial transactions for vehicles; database management services; business information services provided on-line from a computer database or the internet.
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EN-36 |
Financial services; credit facilities and lease-purchase financing; vehicle insurance; credit cards and other means of electronic payment used for the purchase of fuel and lubricants, for carrying out vehicle maintenance and repair; providing of fuel cards.
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EN-38 |
Providing access to platforms and portals on the internet; telecommunication services provided by internet platforms and portals; telecommunication services provided by platforms and portals on the internet and other media; providing electronic transmission of credit card transaction data and electronic payment data via a global computer network; electronic transmission and streaming of digital media content for others via global and local computer networks; telecommunication services, namely, providing electronic message alerts via the internet; telecommunication services, namely, routing calls, SMS messages and push-notification to local third-party motorised vehicle despatchers in the vicinity of the caller using mobile phones; telecommunication services, namely, electronic transmission of motor vehicle information, audio and video messages and data; mobile telephone communication.
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EN-42 |
Hosting of websites to enable users to connect with other users; mobile information services, namely, weather information; application service provider (asp) services featuring software that enables drivers to play and program audio, video, text and multi-media content; remote monitoring of electric battery charging systems used in land vehicles; interactive hosting services that allow users to remotely program the time for turning on air conditioners and other features in vehicles via mobile phones and the internet; hosting a web portal which is accessible by customers via a mobile device and website to provide access to functions relating to navigation. |
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.
Inês RIBEIRO DA CUNHA
Avenida de Europa, 4 • E - 03008 • Alicante, Spain
Tel. +34 965139100 • www.euipo.europa.eu
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