Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 10/07/2020

JGraph

12 Morning Star Lane, Moulton,

Northampton, Northamptonshire NN3 7BU

REINO UNIDO

Application No:	018180204
Your reference:
Trade mark:	diagrams.net
Mark type:	Word mark
Applicant:	JGraph 12 Morning Star Lane, Moulton, Northampton, Northamptonshire NN3 7BU UNITED KINGDOM

The Office raised an objection on 17/01/2020 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 Office maintains that the sign for which protection is sought, ‘diagrams.net’, would simply be perceived by the relevant consumer as providing information that the (rental of) software is an online application designed for drawing sketches, outlines or plans that explain how a system, machine, process, plan, etc., operates or is organised and/or for drawing a pictorial representation of a quality or a relationship.

As confirmed by case-law, the element ‘.NET’ is simply a technical and generic element, the use of which is required in the normal structure of the address of a commercial internet site. The element ‘.NET’ simply indicates that the services covered by the mark can be obtained, viewed or contracted online or are internet related. The addition of the element ‘.NET’ to the element ‘DIAGRAMS’, which is devoid of distinctive character, does not render the sign distinctive as a whole.

Therefore, the sign describes the intended purpose and nature of 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 18 180 204 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