Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 07/01/2020

Class Manager Limited

Sigma House, Oak View Close Edginswell

Torquay Devon TQ2 7FF

REINO UNIDO

Application No:	018033623
Your reference:
Trade mark:	Class Manager
Mark type:	Word mark
Applicant:	Class Manager Limited Sigma House, Oak View Close Edginswell Torquay Devon TQ2 7FF REINO UNIDO

The Office raised an objection on 28/03/2019 pursuant to Article 7(1)(b) and (c) and Article 7(2) EUTMR because it found that the trade mark applied for is descriptive and devoid of any distinctive character, for the reasons set out in the attached letter.

The applicant submitted its observations on 28/03/2019, which may be summarised as follows.

1. The application is for an SaaS product.

2. The applicant referred to the UK trade mark in the name of the applicant which was granted for Class 42.

The Office commented on the abovementioned submission in its second notice of grounds for refusal on 16/08/2019, which forms an integral part of this decision, and allowed the applicant an extension of 2 months to submit observations.

The applicant failed to submit any further observations within the time limit. The Office maintains that the sign applied for, ‘Class Manager’, would merely be perceived by the relevant consumer as providing information that the services for which protection is sought host the application designed for a class manager, for instance, a homework planner or online registrations for gymnastics, dance or other classes, and makes them available to consumers over the internet and/or the services are related to a class manager.

The professional consumer would understand the sign as providing information that the service offered by the applicant is a computer program that organises a set of objects which share a common structure and behaviour and/or to a template manager aimed at creating objects, and to defining object data types and methods.

Consequently, taken as a whole, the sign for which protection is sought is descriptive and devoid of any distinctive character, and is not capable of distinguishing the services against which an objection has been raised, within the meaning of Article 7(1)(b) and (c) and Article 7(2) EUTMR.

For the reasons set out in both letters of objection, and pursuant to Article 7(1)(b) and (c) and Article 7(2) EUTMR, the application for European Union trade mark No 18 033 623 is hereby rejected for all the 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.

Michaela POLJOVKOVA