Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 10/08/2020

BOEHMERT & BOEHMERT ANWALTSPARTNERSCHAFT MBB - PATENTANWÄLTE RECHTSANWÄLTE

Postfach 10 71 27

D-28071 Bremen

ALEMANIA

Application No:	018207902
Your reference:	H33618EM
Trade mark:	Quick App
Mark type:	Word mark
Applicant:	Huawei Technologies Co., Ltd. Administration Building Huawei Technologies Co., Ltd. Bantian, Longgang District Shenzhen, Guangdong 518129 REPÚBLICA POPULAR DE CHINA

The Office raised an objection on 12/3/2020 pursuant to Article 7(1)(b), (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 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), (c) and Article 7(2) EUTMR, the application for European Union trade mark No 18 207 902 is hereby rejected for the following goods and services:

Class 9 Downloadable computer application software; downloadable mobile application software; recorded computer programs.

Class 42 Consultancy and advice on computer software; computer programming; design and development of computer software; updating recorded software; maintenance of recorded computer software and software packages; testing of software.

The application may proceed for the remaining goods and services, namely:

Class 9 Security token (encryption device); data processing equipment; smart watches (data processing); downloadable music files; smartphones; tablet computers; notebook computers; downloadable Computer game software; electronic publications (downloadable); downloadable ringtones for mobile phones; electronic signal transmitters; network communication equipment; recorded computer game software.

Class 42 Telecommunications technology consultancy; professional consultancy in the field of computers; technical consultancy relating to information systems; expert advice relating to technology; provision of technical consultancy (advice) in the field of telecommunications; consultancy and advice on computer hardware; development of technology strategies for companies; consultancy on the design, implementation and management of information systems and technologies; consultancy relating to the installation, improvement, modification, migration and use of computers; technical assistance relating to computers; computer services for the analysis of data; technical data analysis services; development of computing methods, algorithms.

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.

Examiner’s name

Claudio MARTINEZ MÖCKEL