Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 31/10/2018

GREENLIMEENTERTAINMENT SRL

Str. Eftimie Murgu nr. 39 ap. 7

400504 Cluj-Napoca

RUMANIA

Application No:	017918505
Your reference:
Trade mark:	HTML5 GAMES
Mark type:	Word mark
Applicant:	GREENLIMEENTERTAINMENT SRL Str. Eftimie Murgu nr. 39 ap. 7 400504 Cluj-Napoca RUMANIA

The Office raised an objection on 27/06/2018 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 mark is not eligible for registration as it conveys to the consumer that the goods and services are created and presented with HTML5 markup language.

The applicant responded on 23/07/2018 requesting a logo to be added to the mark. The Office replied on 20/07/2018 stating that a logo could not be added to the current application and that this would need to be the subject of a fresh application.

No further observations have been filed by the applicant. Therefore, 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 017918505 is hereby rejected for all the goods/services claimed.

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.

Lance EGGLETON