Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 08/11/2019

Swipe Wallet Ltd

1 Burwood Place

London London, City of W2 2UT

REINO UNIDO

Application No:	018108923
Your reference:
Trade mark:	Crypto Card
Mark type:	Word mark
Applicant:	Swipe Wallet Ltd 1 Burwood Place London London, City of W2 2UT REINO UNIDO

The Office raised an objection on 29/08/2019 pursuant to Article 7(1)(b) and (c) EUTMR 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 the relevant consumers would perceive the sign as providing information that the services applied for concern cryptocurrency payment cards e.g. the issuing of crypto cards, the processing of payments with crypto cards and related financial services. Therefore, the sign describes the intended purpose of the services and the kind of cards the services relate to.

An internet search performed revealed that the expression “Crypto Card” is commonly used in the relevant market.

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) EUTMR and Article 7(2) EUTMR, the application for European Union trade mark No 018108923 is hereby rejected for all the services claimed, namely for:

Class 36 Virtual currency services; Virtual currency exchange; Virtual currency transfer services; Debit card services; Credit card and debit card services; Debit card payment services; Bank card, credit card, debit card and electronic payment card services; Credit and debit card services; Processing of debit card payments; Processing debit card transactions for others; Issuance of credit and debit cards; Financial services related to the issuance of bank cards and debit cards.

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.

Cecilia ALIN