Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 17/05/2018

GIT HydroS Consult GmbH

Bertoldstrasse 61 3tes OG

D-79098 Freiburg

ALEMANIA

Application No:	017654914
Your reference:	GITHydroSConsultGmbH
Trade mark:	Content Analyst
Mark type:	Word mark
Applicant:	GIT HydroS Consult GmbH Bertoldstrasse 61 3tes OG D-79098 Freiburg ALEMANIA

The Office raised an objection on 24/01/2018 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, which forms an integral part of this decision.

The Office maintains that, taken as a whole, the sign ‘CONTENT ANALYST’ immediately informs consumers without further reflection that the services objected would be performed this type of professional. The sign would also inform the relevant consumers that the goods objected are capable of performing or assisting automated content analysis, and, as such, assisting the work of professionals in that field. Therefore, those relevant consumers would perceive the sign as providing information about the kind of goods in question, as well as the type of professional which uses such goods and performs the services listed.

Moreover, the combination of the words “CONTENT” and “ANALYST” does not possess any feature regarding the way in which they are combined that allows the mark to fulfil its essential function for the goods and services for which protection is sought. The resulting expression does not diverge from English grammar rules but rather complies with them. Therefore, the relevant consumer will not perceive it as unusual but rather as a meaningful phrase providing information about the kind of the products and services in question.

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) EUTMR, the application for European Union trade mark No 17 654 914 is hereby rejected for the following goods and services:

Class 09	Information technology devices; Information technology equipment; Recorded content; Measuring, detecting and monitoring instruments, indicators and controllers; Utility software; Downloadable computer utility software.
Class 36	Asset management; Asset management services; Management of assets.
Class 42	Design services; IT services; Science and technology services; Digital asset management; Testing, authentication and quality control.

The application may proceed for the remaining goods:

Class 09

Audio-visual, multimedia and photographic devices; Audiovisual equipment; Safety, security, protection and signalling devices; Navigation, guidance, tracking, targeting and map making devices; Apparatus, instruments and cables for electricity;

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.

Christiano DOS SANTOS TIMBO