Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 28/09/2018

CMS CAMERON MCKENNA NABARRO OLSWANG LLP

Cannon Place

78 Cannon St.

London London EC4N 6AF

REINO UNIDO

Application No:	17 899 901
Your reference:	o33265.00248
Trade mark:
Mark type:	Figurative mark
Applicant:	MICROSOFT CORPORATION One Microsoft Way Redmond, Washington 98052-6399 ESTADOS UNIDOS

The Office raised a partial objection on 23/05/2018 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, for the reasons set out in the attached letter, which forms an integral part of this decision.

The applicant failed to submit observations within the time limit.

The Office maintains that, taken as a whole, the sign:

immediately informs consumers without further reflection that the services in Class 35 and 41 are advertising, promotion and entertainment services which indicate that gaming is accessible to everyone without restriction. Therefore, the relevant consumer - notwithstanding certain stylised elements such as the verbal elements of the sign divided between two lines with emphasis of ‘EVERYONE’ being in bold font - would perceive the sign as providing information about the kind, quality and intended purpose of and target group for the services in question.

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  17 899 901 is hereby rejected in part for the following services claimed.

Class 35 Advertising and promotion services; distribution of advertising, marketing and promotional material.

Class 41 Entertainment.

The application may proceed for the remaining services, namely:

Class 41 Education; providing of training; cultural activities.

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.

Finn PEDERSEN