Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 22/10/2019

Basck Ltd

Christian Bunke

16 Saxon Road

Cambridge CB5 8HS

REINO UNIDO

Application No:	018082003
Your reference:	MAID010EUTM
Trade mark:	PERPETUAL DATA
Mark type:	Word mark
Applicant:	MaidSafe.net Limited 6 Forbes Drive Ayr KA8 9FG REINO UNIDO

The Office raised an objection on 31/07/2019 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.

After the objection and due to a classification deficiency the applicant modified the list of goods and services. The goods and services for which protection is sought are the following:

Class 9 E-commerce and e-payment software; Downloadable software for trading and transmitting digital currency; Downloadable software for trading and transmitting digital currency for mobile devices; Data transmission networks; Computer network server; VPN (virtual private network) operating software; Downloadable computer software for hosting websites for third parties; Downloadable computer software for storing and sharing data securely and anonymously; Downloadable publications in the field of secure and anonymous data processing; Software for managing digital currency payment and exchange transactions; Software for managing digital currency payment and exchange transactions for mobile devices.

Class 38 Transmission of encrypted communications; Communication with computer terminals; Data communication services; Electronic communication services for the transmission of data; Electronic mail; Providing telecommunications connections to a global computer network; Providing user access to global computer networks; Providing user access to search engines; Provision of access to data on communication networks; Routing and connecting services for telecommunications; Telecommunication services; Transmission of data; Providing virtual private network (VPN) services; Information and advisory services in relation to the aforesaid services.

Class 42 Scientific research and development in the field of secure and anonymous data processing; Development of software for secure network operations; Infrastructure as a Service [IaaS] for hosting websites for third parties and sharing data securely and anonymously; Infrastructure as a Service [IaaS] for trading and transmitting digital currency; Hosting of databases; Web site hosting services; Platform as a Service [PaaS] for hosting websites for third parties; Platform as a Service [PaaS] for storing and sharing data securely and anonymously; Programming of software for e-commerce platforms; Software as a service (SAAS).

The application consists of the word mark ‘PERPETUAL DATA’.

In the present case, the relevant English-speaking consumer would understand the sign as having the following meaning: continuously available data.

The sign informs the consumers that the goods in Class 9 which encompass software and the services in Class 42 which encompass technological services with focus on information technology, use data as an input or the result of usage of these goods and services is the generation of new data. The services in Class 38 relate to communication and data can either be the content of communication which is transmitted from the sender to the receiver or it may be involved in the process of communication, for example processing data may be a necessary step for the realisation of communication. The word ‘perpetual’ merely serves as a qualifier of the subsequent word ‘DATA’ informing the consumers, that the data to which the goods and services in question relate is continuously available. continuously available. Therefore, the sign describes the kind, quality and intended purpose of the goods and services in question.

Given that the sign has a clear descriptive meaning, it is also devoid of any distinctive character and therefore objectionable under Article 7(1)(b) EUTMR, as it is incapable of performing the essential function of a trade mark, which is to distinguish the goods or services of one undertaking from those of other undertakings.

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 18 082 003 is hereby rejected for all the goods and 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.

Ivo TSENKOV