Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 30/07/2018

TRADE MARK DIRECT

4 Grove Park Studios, 188-192 Sutton Court Road,

Chiswick, London W4 3HR

REINO UNIDO

Application No:	017874006
Your reference:	17903
Trade mark:	CasinoClassic
Mark type:	Word mark
Applicant:	Li Ga Wing Oliaji Trade Centre - 1st floor, Victoria Mahe SEYCHELLES

The Office raised an objection on 02/05/2018 pursuant to Article 7(1)(b) and Article 7(2) EUTMR because it found that the trade mark applied for is not eligible for registration, for the reasons set out in the attached letter, which forms an integral part of this decision.

The Office maintains that the relevant consumers would perceive the word mark ‘CasinoClassic’ as informing the services are about or concerning traditional casino games, and not as an indication of commercial origin.

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)(b) and Article 7(2) EUTMR, the application for European Union trade mark No 17 874 006 is hereby rejected for the following services:

Class 35 Provision of online price comparison services; information and advice in relation to all the aforesaid services; all of the aforesaid services being in the field of online gaming and online casino goods and services.

Class 41 Education and training, including online in respect of online gaming and online casinos; Provision of information on-line or from a computer database in respect of online gaming and online casinos; provision of non-downloadable electronic publications; electronic publishing; all of the aforesaid services being in the field of online gaming and online casino goods and services.

The application may proceed for the remaining services, namely:

Class 35 Advertising, marketing and promotional services; providing an on-line commercial information directory on the internet; compilation of business directories; business information and administration services; providing a searchable online advertising guide featuring the goods and services of online vendors; information and advice in relation to all the aforesaid services; all of the aforesaid services being in the field of online gaming and online casino goods and services.

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.

Anja Pernille LIGUNA