Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 17/07/2020

N-Cubator B.V.

Markt 19

NL-6071JD Swalmen

PAÍSES BAJOS

Application No:	018188717
Your reference:
Trade mark:	WEBSHOW
Mark type:	Word mark
Applicant:	N-Cubator B.V. Markt 19 NL-6071JD Swalmen PAÍSES BAJOS

The Office raised an objection on 02/04/2020 pursuant to Article 7(1)(b) 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 sign for which protection is sought, would simply be perceived by the relevant public as a communicating a customer service and value statement. Moreover, in the present case, the relevant public will not tend to perceive any particular indication of commercial origin in the sign beyond the promotional information conveyed, which merely serves to highlight informative aspects of the services in question, namely that they are telecommunications services related to internet, world wide web, produce or broadcast presentation, demonstration, entertainment (or provide the consumer with knowledge on how to produce them) on or over the internet, transmission of various types of data, related satellite communication services for that purposes and also production of entertainment, programmes for relay over internet, as well as providing relevant educational, exhibition, congress services, distribution of entertainment and educational content available on or provided over internet, or being all the aforementioned services a subject matter of services such as educational services, electronic books or exhibitions. Therefore, the sign in question is devoid of any distinctive character within the meaning of Article 7(1)(b) and Article 7(2) EUTMR.

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 Article 7(2) EUTMR, the application for European Union trade mark No 18188717 is hereby rejected for all the services claimed.

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.

Erkki Münter