Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 16/06/2020

GRAU RECHTSANWÄLTE

Wilhelmstraße 16

D-65183 Wiesbaden

ALEMANIA

Application No:	018200605
Your reference:	316/20KG11
Trade mark:	Lotto.com
Mark type:	Word mark
Applicant:	Lotto.com Holding Limited Sovereign House, Port Causeway Wirral, Merseyside CH62 4TP REINO UNIDO

The Office raised an objection on 18.03.2020 pursuant to Article 7(1)(b) and (c) and Article 7(2) EUTMR because it found that the trade mark applied for is partially ineligible for registration, for the reasons set out in the attached letter, which forms an integral part of this decision.

The Office maintains that, taken as a whole, the word ‘Lotto.com’ immediately informs consumers without further reflection that the services applied for are “lottery services, operating lotteries, organization of lotteries, gambling services, online gambling services” provided online. The “entertainment, publishing and reporting and education services are in the field of online lotteries. In relation to the IT and technology services in class 42, these services would be seen as the support services for the provision of online lottery services. Therefore, the sign describes the kind, subject matter and intended purpose of the services in question.

On 05.06.2020 the applicant sent a communication to the Office confirming that no observations would be sent in relation to the Office’s objection. In the absence of observations, and 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 018200605 is hereby rejected for the following services:

Class 41 Lottery services; Operating lotteries; Organization of lotteries; Gambling services; Online gambling services; Entertainment; Publishing and reporting; Education.

Class 42 IT services; Information technology services; Information technology consulting; Science and technology services; Development of new technology for others.

The application may proceed for the remaining goods, namely:

Class 14 Watches; Jewellery.

Class 33 Alcoholic beverages (except beer).

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.

Helen BIRCH