Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 05/06/2020

Your.MD Ltd.

2nd Floor, 36 Soho Square

London W1D 3QY

REINO UNIDO

Application No:	018191211
Your reference:
Trade mark:	Live Healthily
Mark type:	Word mark
Applicant:	Your.MD Ltd. 2nd Floor, 36 Soho Square London W1D 3QY REINO UNIDO

The Office raised an objection on 14/02/2020 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 ‘Live Healthily’ in relation to ’Health advice and information services; Information services relating to health care; Consulting services relating to health care; Providing health care information by telephone’ would, without any need for further reflection, inform the consumer that the information and consultancy services concern health (care) and/or (a) healthy way(s) of living. 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 motivational information conveyed, which merely serves to highlight positive aspects of the services in question, namely that they offer information and consultancy on (a) healthy way(s) of living or how to live in a healthy manner.

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 018 19 12 11 is hereby rejected for the following services:

Class 44 Health advice and information services; Information services relating to health care; Consulting services relating to health care; Providing health care information by telephone.

The application may proceed for the remaining goods/services.

Class  9 Mobile application software; Computer programmes; Computer software [programmes]; Computer software downloaded from the internet; Computer software for use in medical decision support systems; Thermal imaging apparatus [other than for medical use]; Instruments for diagnosis [for scientific use]; Computer games programmes downloaded via the internet [software]; Podcasts; Downloadable electronic publications; Computer programs [downloadable software]; Software for tablet computers; Artificial intelligence software for analysis; Data mining software; Data storage devices and media; Communications processing computer software; Mobile software; Downloadable computer programs; Interactive computer software; Interactive computer software enabling exchange of information; Computer software platforms; Computer search engine software; Computer software applications; Downloadable computer software applications; Computer software for mobile phones; Application software; Computer application software; Computer application software for mobile phones; Downloadable applications for use with mobile devices; Software applications for use with mobile devices; Artificial intelligence apparatus; Data processing software; Data processing software for word processing; Data processing terminals; Computer software programs; Computer software programs for database management; Computer software for business purposes; Computer software to enable searching of data; Computer software for creating searchable databases of information and data; Computer databases; Databases; Electronic databases; Data processing programs; Computer software for use as an application programming interface (API); Transmitting apparatus; Data transmitting apparatus; Data communications apparatus; Website development software; Downloadable computer software.

Class 35 Computer databases (Compilation of information into -); Commercial information and advice for consumers [consumer advice shop]; Computer databases (Systemization of information into -); Processing (Word -); Commercial information services; Business information services; Commercial intermediation services; Database management services; Data processing services; Consumer market information services; Search engine marketing services; Commercial information agency services; Business consultancy and advisory services; Computerized on-line ordering services; Computerised business information services; On-line data processing services; Agency services for arranging business introductions; Provision of online price comparison services; Commercial information services provided by access to a computer database; Business information services provided on-line from a computer database or the internet; Compilation of information into computer databases; Compilation and systemization of information into computer databases; Systemization of information into computer databases; Word processing; Commercial information services, via the internet; Automated data processing; Electronic data processing; Information services relating to data processing; Provision of information relating to data processing; Data processing services in the field of healthcare; Computerised database management services.

Class 38 Transmission of data or audio visual images via a global computer network or the internet; Providing internet chatrooms; Computer communication and Internet access; Chatrooms [Providing internet -]; Communications via a global computer network or the internet; Distribution of data or audio visual images via a global computer network or the internet; Electrical data transmission over a global remote data processing network, including the internet; Electronic transmission of computer programs via the internet; Broadcasting of video and audio programming over the Internet; Broadcasting of programmes via the internet; Providing telecommunication connections to the internet or databases; Transmission of information relating to pharmaceuticals, medicine and hygiene; Chat room services for social networking; Forums [chat rooms] for social networking.

Class 42 Development of computer software application solutions; Writing of computer programs for medical applications; Application service provider (ASP); Software development, programming and implementation; Creating, maintaining, and updating computer software; Programming of software for database management; Design and development of virtual reality software; Design and development of electronic database software; Programming of software for e-commerce platforms; Development and testing of computing methods, algorithms and software; Design and development of word processing software; Design and development of computer software for reading, transmitting and organising data; Design and development of computer software for evaluation and calculation of data; Programming of software for Internet portals, chatrooms, chat lines and Internet forums; Development and creation of computer programmes for data processing; Product design and development; Database design and development; Computer software design and development; Design and development of medical technology; Design and development of route planning software; Design and development of computer software for use with medical technology; Computer programming for data processing; Computer programming for data processing and communication systems; Computer programming in the medical field; Programming of computer software for evaluation and calculation of data; Computer software development; Computer software programming services; Website development services; Design and development of software for website development; Data mining; Constructing an internet platform for electronic commerce; Providing search engines for obtaining data via communications networks; Providing search engines for the internet; Creating and maintaining websites.

Class 44 Health care; Medical and healthcare services; Provision of health care services; Health centre services; Health assessment surveys; Health risk assessment surveys; Medical health assessment services; Health care services offered through a network of health care providers on a contract basis; Healthcare; Healthcare services; Medical and healthcare clinics.

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.

Carine CEELEN