Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 15/09/2020

Competent Consulting

Sos. Colentina 16 Bl. B5, Apt. 75

021177 Bucharest

RUMANIA

Application No:	018224622
Your reference:
Trade mark:
Mark type:	Figurative mark
Applicant:	Competent Consulting Sos. Colentina 16 Bl. B5, Apt. 75 021177 Bucharest RUMANIA

The Office raised an objection on 06/07/2020 pursuant to Article 7(1)(f) 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 sign would be perceived by the relevant public as being contrary to accepted principles of morality as the sign seeks to gain financial gain from what is universally accepted to be a tragic event. The current pandemic should not be trivialised through the use of terms such as COVID-19 or CORONA in relation to goods and services which are unrelated to the fight against the COVID-19 disease.

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)(f) EUTMR, the application for European Union trade mark No 018224622is hereby rejected for all the goods and services claimed, namely for:

Class 9 Musical video recordings; Audio visual recordings; USB web keys; Media content; Downloadable postcards; Downloadable electronic brochures; Sound records; Downloadable educational media; Recorded content; Electronic databases recorded on computer media; Downloadable media; Downloadable image files; File servers; Podcasts; Video recordings; Downloadable educational course materials; Information technology and audio-visual, multimedia and photographic devices; Videocasts; Downloadable sound recordings; Downloadable podcasts; Downloadable multimedia files; Audio recordings; Musical sound recordings; Downloadable publications; Interactive databases; Downloadable video recordings; Databases (electronic); Downloadable electronic books; Data recorded electronically; Digital recordings; Cloud servers; Downloadable electronic reports.

Class 35 Online retail services in relation to digital recordings; Online retail services in relation to audio recordings; Online retail services in relation to media content; Online retail services in relation to sound records; Online retail services in relation to data recorded electronically; Online retail services in relation to downloadable educational course materials; Online retail services in relation to cloud servers; Online retail services in relation to downloadable sound recordings; Online retail services in relation to file servers; Online retail services in relation to recorded content; Online retail services in relation to downloadable electronic brochures; Online retail services in relation to uSB web keys; Online retail services in relation to downloadable media; Online retail services in relation to podcasts; Online retail services in relation to downloadable podcasts; Online retail services in relation to downloadable electronic reports; Online retail services in relation to downloadable multimedia files; Online retail services in relation to musical video recordings; Online retail services in relation to databases (electronic); Online retail services in relation to information technology and audio-visual, multimedia and photographic devices; Online retail services in relation to interactive databases; Online retail services in relation to downloadable electronic books; Online retail services in relation to downloadable image files; Online retail services in relation to audio visual recordings; Online retail services in relation to musical sound recordings; Online retail services in relation to downloadable publications; Online retail services in relation to electronic databases recorded on computer media; Online retail services in relation to downloadable video recordings; Online retail services in relation to video recordings; Online retail services in relation to downloadable postcards; Online retail services in relation to videocasts; Online retail services in relation to downloadable educational media.

Class 38 Communications services for accessing a data-base; Computer aided transmission of messages, information and images; Provision of electronic video links; Providing access to weblogs; Provision of access to content, websites and portals; Arranging access to databases on the internet; Communication services, namely, electronic transmission of data and documents among users of computers; Providing user access to platforms on the Internet; Providing access to a video sharing portal; Provision of electronic sound links; Electronic transmission of data and documents via computer terminals; Providing access to Internet portals for third parties; Providing access to databases; Providing access to multimedia content online; Transmission of multimedia content via the Internet; Distribution of data or audio visual images via a global computer network or the internet.

Class 42 Providing electronic memory space on the Internet; Providing or rental of electronic memory space on the Internet; Hosting platforms on the Internet; Hosting of weblogs; Private cloud hosting provider service; Hosting of digital content on the Internet; Temporary electronic storage of information and data; Compression of data for electronic storage; Rental of electronic memory space on the Internet; Cloud hosting provider services; Hosting of multimedia content for others; Hosting online web facilities for others for sharing online content; Electronic storage services for archiving databases, images and other electronic data; Platform as a service [PaaS] featuring software platforms for transmission of images, audio-visual content, video content and messages; Electronic storage of files and documents; Encryption, decryption and authentication of information, messages and data; Data encryption and decoding services; Computer services concerning electronic data storage; Hosting a website for the electronic storage of digital photographs and videos; Electronic data storage; Interactive hosting services which allow the users to publish and share their own content and images online; Digital Distributed Storage.

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