Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 04/10/2019

Authenteq ehf

Borgartun 27

Reykjavik 105

ISLANDIA

Application No:	018095313
Your reference:
Trade mark:	eKYC
Mark type:	Word mark
Applicant:	Authenteq ehf Borgartun 27 Reykjavik 105 ISLANDIA

The Office raised an objection on 25/07/2019 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.

In summary, the relevant public, namely professionals in the financial or legal fields and also the general public would perceive the sign ‘eKYC’ as referring to electronic Know Your Customer solutions. This meaning will be perceived due to a general knowledge of the terminology used in the respective market by the relevant public. The sign informs that goods for which protection is sought might enable electronic customer identification via eKYC solutions. As regards services for which protection is sought, the sign informs that corporate identity and image services use eKYC solutions (class 35), assist in implementing eKYC procedures and systems (class 42), enable to verify users electronically and prevent fraud or misuse of the data (class 45). Therefore, the sign describes the kind and intended purpose of the goods and services in question. In addition, signs that have descriptive meaning and are commonly used in connection with the marketing of the goods and services concerned are devoid of distinctive character. Consequently, taken as a whole, the sign applied for is descriptive and devoid of any distinctive character and is not capable of distinguishing 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 18095313 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.

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