Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 13/07/2018

PricewaterhouseCoopers Legal s.r.o., advokatni kancelar

Hvezdova 1734/2c

CZ-140 00 Prague

REPÚBLICA CHECA

Application No:	017878213
Trade mark:	HOW to PRAGUE
Mark type:	Word mark
Applicant:	Xeniya Kurochkina Vratislavova 3 CZ-128 00 Prague REPÚBLICA CHECA

The Office raised an objection on 16/04/2018 pursuant to Article 7(1) EUTMR because it found that the trade mark applied for is descriptive and devoid of distinctive character, for the reasons set out in the attached letter.

The applicant failed to submit observations within the time limit. The mark for which protection is sought is descriptive and devoid of distinctive character and the relevant public would immediately understand the meaning of the words HOW to PRAGUE. 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 17 878 213 is hereby rejected for the following services:

Class 39 Transport; Providing information relating to vehicle parking services.

Class 43 Accommodation reservation services [time share]; Providing temporary accommodation; Provision of information relating to hotels; Providing lodging information via the Internet; Providing travel lodging information services and travel lodging booking agency services for travelers; Information relating to hotels; Providing online Information relating to hotel reservations; Providing on-line information relating to holiday accommodation reservations; Reservation of tourist accommodation; Providing information about temporary accommodation via the Internet; Providing information about temporary accommodation services; Provision of information relating to the booking of accommodation; Booking of accommodation for travellers; Booking of temporary accommodation via the Internet; Agency services for the reservation of temporary accommodation; Temporary accommodation reservations; Room booking..

The application may proceed for the remaining goods and services:

Class 9 Application software for mobile devices; Application software for mobile phones; Application software; Downloadable application software for smart phones; Downloadable applications for use with mobile devices; Application software for social networking services via internet; Downloadable mobile applications for the transmission of information; Downloadable mobile applications for the transmission of data; Mobile apps; Downloadable mobile applications for the management of information; Downloadable mobile applications for the management of data; Computer programs for accessing, browsing and searching online databases; Programs for computers; Computer programmes for data processing; Downloadable computer software for the management of information; Downloadable computer software for the transmission of data; Downloadable computer software for the transmission of information; Computer software downloaded from the internet; Computer software to enable the provision of information via the Internet; Computer search engine software; Computer software to enable the searching of data; Downloadable software applications; Computer software applications, downloadable..

Class 35 Computerised business information retrieval; Collection of commercial information; Collecting information for business; Acquisition of commercial information; Computerised business information processing services; Provision of commercial information; Provision of commercial business information by means of a computer database; Provision of business and commercial information; Provision of information relating to data processing; Provision of information relating to commerce; Providing hotel rate comparison information; Provision of information and advice to consumers regarding the selection of products and items to be purchased; Tariff information and advisory services; Providing consumer product information via the Internet; Price comparison rating of accommodations; Consultancy services relating to the procurement of goods and services; Provision of online price comparison services; Providing consumer information relating to goods and services; Business intermediary and advisory services in the field of selling products and rendering services; Advertising; Advertising of the services of other vendors, enabling customers to conveniently view and compare the services of those vendors; Price comparison services; Business brokerage services; Computerized on-line ordering services; Brokerage of name and address based lists; Mediation of contracts for purchase and sale of products; Arranging of commercial and business contacts.

Class 38 Computer communication and Internet access; Electronic transmission of messages and data; Electronic transmission of instant messages and data; Electronic transmission of data; Electronic network communications; Delivery of messages by electronic media; Digital transmission of data via the Internet; Digital transmission of data; Data communication by electronic means; Communication by electronic means; Photo uploading services; Video uploading services; Data transmission; Communication of information by electronic means; Transmission of data, messages and information; Transmission of information for domestic purposes; Transmission of information for business purposes; Transmission of messages and images; Transmission of news and current affairs information; Transmission of coded messages and images; Transmission of messages, data and content via the Internet and other communications networks; Transmission of sound, video and information; Message sending, receiving and forwarding; Sending [transmission] of news; Message sending; Electronic transmission of information (Services for the -).

Class 42 Software development, programming and implementation; Design and development of electronic database software; Preparation of computer programs for data processing.

Class 43 Restaurant information services; Providing reviews of restaurants and bars; Providing reviews of restaurants; Provision of Information relating to restaurants; Provision of information relating to bars; Making reservations and bookings for restaurants and meals; Booking of restaurant seats; Restaurant reservation 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.

Petra CHARUZOVÁ

Enclosure: 5 pages