Refusal of application for a European Union trade mark

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

Alicante, 31/10/2016

Chun Ming Liew

Rhijnauwensingel 581

NL-3077 VJ Rotterdam

PAÍSES BAJOS

Application No:	015418106
Your reference:
Trade mark:	SmartHomeDB
Mark type:	Word mark
Applicant:	Chun Ming Liew Rhijnauwensingel 581 NL-3077 VJ Rotterdam PAÍSES BAJOS

The Office raised an objection on 17/05/2016 pursuant to Article 7(1) EUTMR because it found that the trade mark applied for is not eligible for registration under Article 7(1) (b) and (c) EUTMR and Article 7(2) EUTMR., for the reasons set out in the attached letter.

The applicant responded on 28/06/2016 requesting the application be changed from a word mark to a figurative mark with letters. The Office responded on 01/07/2016 stating that this could not be granted as it was not evident that the amendment served to correct an error of wording or of copying or an obvious mistake.

The applicant responded on 25/07/2016 requesting the mark in the application be changed from ‘SmartHomeDB’ to SmartHomeDB.com’. The Office responded on 25/07/2016 stating that the mark could not be amended for the reasons given in the previous letter of 01/07/2016.

No observations regarding the objections raised under Article 7(1) (b) and (c) EUTMR and Article 7(2) EUTMR have been submitted by the applicant. Therefore, 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 015418106 is hereby rejected for all the goods/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.

Lance EGGLETON