Refusal of application for a European Union trade mark

(Article 7 EUTMR and Rule 11(3) EUTMIR)

Alicante, 03/10/2016

SILEX IP

Calle Velázquez 109, 2º D

E-28006 Madrid

ESPAÑA

Application No:	015304116
Your reference:	2016/8347
Trade mark:	Warmhaus
Mark type:	Word mark
Applicant:	ÇELIKPAN ISITMA VE SOGUTMA SISTEMLERI SANAYI TICARET ANONIM SIRKETI Nosab Selvi Caddesi, No:3 Nilüfer- Bursa TURQUÍA

The Office raised an objection on 27/05/2016 pursuant to Article 7(1) EUTMR because it found that the trade mark applied for is lacking distinctive character and is found descriptive, for the reasons set out in the attached letter.

After the applicant amended the classification of the list of goods and services on 19/07/2016 the list of objectionable goods and services reads as follows:

Class 06 Semi-finished products made of common metals and their alloys; goods and materials of common metal used for storage, wrapping, packaging and sheltering purposes, containers of metal (storage, transport), buildings of metal, frames of metal for building, poles of metal for building, metal boxes, packaging containers of metal, aluminum foil, fences made of metal, guard barriers of metal, metal tubes, storage containers of metal, metal containers for the transportation of goods, ladders of metal; doors, windows, shutters, jalousies and their cases and fittings of metal; non-electric cables and wires of metal; ?ronmongery, small hardware of metal; ventilation ducts, vents, vent covers, pipes, chimney caps, manhole covers, grilles of metal for ventilation, heating, sewage, telephone, underground electricity and air conditioning installations; metal panels or boards (non-luminous and non-mechanical) used for signalling, route showing, publicity purposes, signboards of metal, advertisement columns of metal, signaling panels of metal, non-luminous and non-mechanical traffic signs of metal; pipes of metal for transportation of liquids and gas, drilling pipes of metal and their metal fittings, valves of metal, couplings of metal for pipes, elbows of metal for pipes, clips of metal for pipes, connectors of metal for pipes; safes (strong boxes) of metal; metal railway materials, metal rails, metal railway ties, railway switches; bollards of metal, floating docks of metal, mooring buoys of metal, anchors; metal moulds for casting, other than machine parts; works of art made of common metals or their alloys; metal closures, bottle caps of metal; metal poles; metal pallets and metal ropes for lifting, loading and transportation purposes; metal hangers, ties, straps, tapes and bands used for load-lifting and load-carrying; wheel chocks made primarily of metal.

Class 07 Machines, namely, electric motors for air conditioner machines and their parts and machine tools; motors and engines (except for land vehicles), electric motors, and their parts, not for land vehicles; compressors for air conditioners; compressors as parts of machines, motors and engines; machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs; automatic vending machines; metal filters (machine parts), metal sifters.

Class 09 Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; magnetic data carriers, recording discs; compact discs, DVDs and other digital recording media; data processing equipment, computers; computer software; rectifiers; electric rectifiers; current rectifiers; rectifiers for air conditioning electric motors; electrical controlling devices; temperature controlling apparatus; computer software for controlling the operation of heating, ventilation and air conditioner devices.

Class 11 Apparatus for lighting, heating, steam generating, cooking, refrigerating, freezing, drying, ventilating, water supply and sanitary purposes; air-conditioning apparatus and installations and parts and fittings therefor; air-purifying apparatus and installations and parts and fittings therefor; filters for air-conditioning machines and air purifying machines; ventilation (air-conditioning) apparatus for household or industrial purposes; air purifiers for household or industrial purposes; air dehumidifier for household or industrial purposes; air humidifier for household or industrial purposes; Central air conditioning installations; Valves for air conditioners; Air valves for steam heating installations; Valves (temperature sensitive controls for automatically operating -) [parts of heating installations]; Refrigerating apparatus and machines; Fans [air-conditioning]; radiators (heating).

Class 35 The bringing together, for the benefit of others, of a variety of goods, namely, semi-finished products made of common metals and their alloys, goods and materials of common metal used for storage, wrapping, packaging and sheltering purposes, containers of metal (storage, transport), buildings of metal, frames of metal for building, poles of metal for building, metal boxes, enabling customers to conveniently view and purchase those goods; the bringing together, for the benefit of others, of a variety of goods, namely, packaging containers of metal, aluminum foil, fences made of metal, guard barriers of metal, metal tubes, storage containers of metal, metal containers for the transportation of goods, ladders of metal, goods of common metal for filtering and sifting purposes, doors, windows, shutters, jalousies and their cases and fittings of metal, enabling customers to conveniently view and purchase those goods; the bringing together, for the benefit of others, of a variety of goods, namely non-electric cables and wires of metal, ?ronmongery, small hardware of metal, ventilation ducts, vents, vent covers, pipes, chimney caps, manhole covers, grilles of metal for ventilation, heating, sewage, telephone, underground electricity and air conditioning installations, metal panels or boards (non-luminous and non-mechanical) used for signalling, enabling customers to conveniently view and purchase those goods; the bringing together, for the benefit of others, of a variety of goods, namely route showing, publicity purposes, signboards of metal, advertisement columns of metal, signaling panels of metal, non-luminous and non-mechanical traffic signs of metal, pipes of metal for transportation of liquids and gas, drilling pipes of metal and their metal fittings, valves of metal, couplings of metal for pipes, elbows of metal for pipes, enabling customers to conveniently view and purchase those goods; the bringing together, for the benefit of others, of a variety of goods, namely clips of metal for pipes, connectors of metal for pipes, safes (strong boxes) of metal, metal railway materials, metal rails, metal railway ties, railway switches, bollards of metal, floating docks of metal, mooring buoys of metal, anchors, metal moulds for casting, other than machine parts, works of art made of common metals or their alloys, metal closures, enabling customers to conveniently view and purchase those goods; the bringing together, for the benefit of others, of a variety of goods, namely bottle caps of metal, metal poles, metal pallets and metal ropes for lifting, loading and transportation purposes, metal hangers, ties, straps, tapes and bands used for load-lifting and load-carrying, wheel chocks made primarily of metal, machines, namely, electric motors for air conditioner machines and their parts and machine tools, enabling customers to conveniently view and purchase those goods; the bringing together, for the benefit of others, of a variety of goods, namely motors and engines (except for land vehicles), electric motors, and their parts, not for land vehicles, compressors for air conditioners, compressors as parts of machines, motors and engines, machine coupling and transmission components (except for land vehicles), enabling customers to conveniently view and purchase those goods; the bringing together, for the benefit of others, of a variety of goods, namely apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity, computers, computer software, rectifiers, electric rectifiers, current rectifiers, rectifiers for air conditioning electric motors, electrical controlling devices, enabling customers to conveniently view and purchase those goods; the bringing together, for the benefit of others, of a variety of goods, namely temperature controlling apparatus, computer software for controlling the operation of heating, ventilation and air conditioner devices, apparatus for lighting, heating, steam generating, cooking, refrigerating, freezing, drying, ventilating, water supply and sanitary purposes, air-conditioning apparatus and installations and parts and fittings therefor, enabling customers to conveniently view and purchase those goods; the bringing together, for the benefit of others, of a variety of goods, namely air-purifying apparatus and installations and parts and fittings therefor, filters for air-conditioning machines and air purifying machines, ventilation (air-conditioning) apparatus for household or industrial purposes, air purifiers for household or industrial purposes, air dehumidifier for household or industrial purposes, enabling customers to conveniently view and purchase those goods; the bringing together, for the benefit of others, of a variety of goods, namely air humidifier for household or industrial purposes, central air conditioning installations, valves for air conditioners, air valves for steam heating installations, valves (temperature sensitive controls for automatically operating -) [parts of heating installations], refrigerating apparatus and machines, fans [air-conditioning], radiators (heating), enabling customers to conveniently view and purchase those goods; such services may be provided by retail stores, wholesale outlets, by means of electronic media or through mail order catalogues.

Class 41 Education; providing of training; entertainment; sporting and cultural activities; teaching services; teaching services relating to air-conditioning technology.

Class 42 Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software; machine condition monitoring; monitoring of heating, ventilation and air conditioning systems by remote access; engineering services; design and development of software for control, regulation and monitoring of heating, ventilation and air conditioner systems; programming of software for remote control and monitoring of heating, ventilation and air conditioner apparatus.

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) EUTMR, the application for European Union trade mark No 15 304 116 is hereby rejected for the above goods and services.

The application may proceed for the remaining goods and services.

According to Article 59 EUTMR, you have a right to appeal against this decision. According to Article 60 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.

Tobias KLEE