Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 06/09/2018

Laytons LLP

2 More London Riverside

London SE1 2AP

REINO UNIDO

Application No:	17 881 407
Your reference:	ip/Microglobal/RMG
Trade mark:	Link Anywhere
Mark type:	Figurative mark
Applicant:	Microglobal Technology Hong Kong Limited Room 2301, 23/F, Futura Plaza, 111-113 How Ming Street, Kwun Tong Hong Kong REGIÓN ADMINISTRATIVA ESPECIAL DE HONG KONG DE LA REPÚBLICA POPULAR DE CHINA

The Office raised a partial objection on 23/04/2018 pursuant to Article 7(1)(b) and (c) and Article 7(2) 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.

Upon request of 25/06/2018 from the applicant, the Office extended on 04/07/2018 the time limit for submitting observation with two months till 28/08/2018.

The Office maintains that, taken as a whole, the verbal elements of the sign

immediately informs consumers without further reflection that the services applied for in question – various kind of network access and connection services - are provided anywhere in the world. Therefore, the mark conveys obvious and direct information regarding the kind, quality, intended purpose and geographical scope of the rendering of the 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)(b) and (c) and Article 7(2) EUTMR, the application for European Union trade mark No 17 881 407 is hereby rejected in part for the following services:

Class 42 Provision of communication (network, video, voice and VOIP) services; provision of global communications network connection services; worldwide computer network access services; providing access to telecommunication networks; providing access to global computer networks and other computer networks; providing access to computer networks; providing access to global computer networks; providing access to electronic communications networks; provision of access to a global computer network; providing telecommunications connections to a global computer network; provision of access to an electronic on-line network for information retrieval; providing access to a global computer network for the transfer and dissemination of information.

The application may proceed for the remaining services, namely:

Class 42 Information technology consulting services; planning, design and management of information technology systems; rental of space in computer co-location facilities; provision of containerized data centres; computer services, namely, cloud hosting provider services; data warehousing; data security services; rental of data carriers; electronic data storage services; cloud hosting provider services; consulting services in the field of cloud computing; providing temporary use of on- line non-downloadable operating software for accessing and using a cloud computing network; design and development of operating software for accessing and using a cloud computing network; rental of operating software for accessing and using a cloud computing network; cloud computing services; design and development of operating software for cloud computing networks; rental (Computer -); servers (Rental of Web-); rental of computer hardware and facilities; hosting and rental of memory space for websites; hosting services and software as a service and rental of software; providing or rental of electronic memory space on the Internet; rental of memory space on servers for hosting electronic bulletin boards; information technology services; software design; software design and development; computer software (Design of -); computer hardware and software design; design, updating and maintenance of computer software; consultancy and information services relating to the design, programming and maintenance of computer software; design and development of computer software for logistics, supply chain management and e-business portals; information technology [IT] consulting services; telecommunication network services; electronic network communications; communication network consultancy; radio communication network services; mobile telecommunications network services; computer network communication services; telecommunications services between computer networks; communication via virtual private networks; chatroom services for social networking; operation of a network, being telecommunication services; communications via a global computer network or the Internet; rental of telecommunication devices and equipment enabling connection to networks; transmission of data, audio, video and multimedia files, including downloadable files and files streamed over a global computer network; video-on-demand transmission; communication services for video conferencing purposes; streaming of video material on the Internet; providing facilities and equipment for video conferencing; streaming audio and video material on the Internet; transmission of video by means of the Internet; transmission of data, audio, video and multimedia files; transmission of digital audio and video broadcasts over a global computer network; video communication services; video transmission services; satellite video conferencing services; call recording services; transmission of sound or visual recordings over networks; information, consultancy and advisory services relating to all the aforesaid 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.

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