Refusal of application for a European Union trade mark

(Article 7 EUTMR and Rule 11(3) EUTMIR)

Alicante, 27/04/2016

GILL JENNINGS & EVERY LLP

The Broadgate Tower

20 Primrose Street

London EC2A 2ES

REINO UNIDO

Application No:	014442206
Your reference:	MXD01662EM
Trade mark:	QACOMPLETE
Mark type:	Word mark
Applicant:	SmartBear Software, Inc. 450 Artisan Way, 4th floor Somerville Massachusetts 02145 ESTADOS UNIDOS (DE AMÉRICA)

The Office raised an objection on 20/08/2015 pursuant to Article 7(1) EUTMR because it found that the trade mark applied for is not eligible for registration, for the reasons set out in the attached letter.

The applicant submitted observations on 21/12/2015, however after careful consideration the Office decided that the objection should be maintained (see attached letter of 24/02/2015).

However, the applicant requested an extension of the time limit in the event that the objection was maintained in order to submit evidence of acquired distinctiveness. In the circumstances the Office agreed that a two month extension of the time limit was permissible (see letter of 24/02/2016). However, the Office notes that the applicant has failed to submit observations/evidence within the extended time limit.

Consequently, for the reasons set out in the letter of objection, and pursuant to Article 7(1) EUTMR, the application for European Union trade mark No 14 442 206 is hereby rejected for all the goods and services claimed.

According to Article 59 EUTMR, you have a right to appeal against this decision. According to Article 60 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.

Sam CONGREVE