Refusal of application for a European Union trade mark

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

Alicante, 13/02/2017

TRADEMARKROOM LIMITED

4 Brunswick Place

Southampton, Hampshire SO15 2AN

REINO UNIDO

Application No:	015852924
Your reference:	JC/TMR/EG/02
Trade mark:	Event Graph
Mark type:	Word mark
Applicant:	Airfinity Ltd Pinnacle House, 1st Floor, 31 Cross Lances Road London TW3 2AD REINO UNIDO

1. The Office raised an objection on 14/10/2016 pursuant to Article 7(1)(b) and (c) EUTMR and Article 7(2) EUTMR because it found that the trade mark applied for is descriptive and devoid of any distinctive character, for the reasons set out in the attached letter.

2. The objected term ‘downloadable software in the nature of an online platform for leveraging event and attendee data to enable brands to find, assess and manage event sponsorships’ in Class 42 has been amended to read ‘interactive hosting services which allow the users to publish and share their own content’ and thus, it does not fall within the objection of the mark.

3. Pursuant to Article 75 EUTMR, it is up to the Office to take a decision based on reasons or evidence on which the applicant has had an opportunity to present its comments.

The applicant did not submit any observations within the set time limit.

4. Therefore, and for the reasons set out in the letter of objection, and pursuant to Article 7(1)(b) and (c) EUTMR and Article 7(2) EUTMR, the application for European Union trade mark No 15 852 924 is hereby rejected for the following goods and services:

Class 9 Downloadable software; management [CRM] software; application software; software for social networking and for the management of social and business events; databases; downloadable software in the nature of an online platform for leveraging event and attendee data to enable brands to find, assess and manage event sponsorships; software to process event, attendee, company and sponsor data; predictive analytics software; marketing evaluation software; computer software that uses data sources to map events, their attendees, sponsors and digital footprints and that allows users to quality score each event.

Class 42 Providing temporary use of non-downloadable software; software as a service [SaaS]; providing online non-downloadable software; providing temporary use of online non-downloadable event management software for event registration, attendee management, event reporting and analytics, web based surveys and venue selection; providing temporary use of web-based software; providing temporary use of web-based applications; providing temporary use of on-line non-downloadable software for database management; providing temporary use of on-line non-downloadable software for the transmission of data; providing temporary use of on-line nondownloadable software for the management of information; providing temporary use of non-downloadable software to enable sharing of multimedia content and comments among users; computer services providing a data-driven event platform that allows users to find, assess and engage with events; computer services using data sources to map events, their attendees, sponsors and digital footprints and that allows users to quality score each event.

The application may proceed for the remaining services, namely for:

Class 35 Analysis of market research data; business data analysis; marketing and promotional services; advertising; event marketing; market research; promotional sponsorship; data management services; data retrieval services; data analysis; matchmaking of sponsors, data services related to sponsorship sellers and buyers; providing database of sponsorship events.

Class 36 Event sponsorship; fundraising and financial sponsorship.

Class 41 Event management (entertainment); providing information on events; publication of material which can be accessed from databases or from the internet; event management.

Class 42 Interactive hosting services which allow the users to publish and share their own content; hosting an interactive website and online non-downloadable software for uploading, posting, showing, displaying, tagging, sharing and transmitting messages, comments, multimedia content, photos, pictures, images, text, information, and other user-generated content; industrial analysis and research services; technical support services, namely, troubleshooting in the nature of diagnosing computer hardware and software problems; temporary electronic storage of information and data; electronic data storage; computer services for the analysis of data.

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.

Michele M. BENEDETTI-ALOISI