Refusal of application for a Community trade mark

(Article 7 CTMR and Rule 11(3) CTMIR)

Alicante, 09/12/2015

ABLETT & STEBBING

7-8 Market Place

London W1W 8AG

REINO UNIDO

Application No:	013921523
Your reference:	J643
Trade mark:	QUADBET BLACKJACK
Mark type:	Word mark
Applicant:	Frederick D Noyes 688 Bar Harbor Road Trenton Maine 04605 ESTADOS UNIDOS (DE AMÉRICA)

The Office raised an objection on 01/06/2015 pursuant to Article 7(1) CTMR because it found that the trade mark applied for is is not eligible for registration under Article 7(1) (b) and (c) and Article 7(2) CTMR, for the reasons set out in the attached letter.

The applicant submitted its observations on 03/08/2015. The Office responded to the applicant’s submission on 24/08/2015 and gave the applicant a new time limit of two months to provide evidence concerning distinctiveness acquired through use. The applicant failed to submit further observations concerning acquired distinctiveness by use within the time limit.

For the reasons set out in the letters of objection, and pursuant to Article 7(1)(b) and (c) and Article7(2) CTMR, the application for Community trade mark No 13 921 523 ‘QUADBET BLACKJACK’ is hereby rejected for all the goods and services claimed, namely for:

Class 9 Downloadable computer game programs and computer software relating to or featuring interactive casino games; software for wagering games; software for games of skill and chance; software for card-based games for access by remote players through a communication network.

Class 28 Wagering games; wagering card games that feature wagering opportunities on game events sold or licensed for use to others; card games which include random game events for players to place wagers on, sold or licensed for use to others.

Class 41 Entertainment services; providing online electronic card-based wagering games played for real or play money through a computer or mobile platform; gaming services in the nature of casino gaming featuring wagering games in which playing cards are dealt to one or more players by a dealer at a gaming table in a gaming establishment; Gaming services in the nature of interactive casino games, wagering games, games of skill and chance, and card-based games for access by remote players through a communication network.

According to Article 59 CTMR, you have a right to appeal this decision. According to Article 60 CTMR, notice of appeal must be filed in writing with the Office within two months of the date of notification of this decision. 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 800 has been paid.

Monika Karolina SZALUCHO