Refusal of application for a European Union trade mark

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

Alicante, 14/12/2016

Sonni Sanitär GmbH

Im Grund 4

34233 Fuldatal

Germany

Application No:	015333909
Your reference:
Trade mark:	Duschdeluxe
Mark type:	Figurative mark
Applicant:	Sonni Sanitär GmbH Im Grund 4 D-34233 Fuldatal Germany

The Office raised an objection on 05/09/2016 pursuant to Article 7(1)(b) and (c) EUTMR and Article 7(2) EUTMR because it found that the trade mark applied for is descriptive and devoid of any distinctive character, for the reasons set out in the attached letter.

On 05/09/2016 the applicant requested the possibility of modifying the design and text of the applied for mark so that the objection raised by the Office could be waived. On 14/09/2016 the Office informed the applicant that this request could not be granted because alteration of the representation of a mark can be accepted only when the modification does not substantially affect the identity of the trade mark as originally applied for and that pursuant to Article 43(2) EUTMR, ‘an EU trade mark application may be amended, upon request of the applicant, only by correcting the name and address of the applicant, errors of wording or of copying, or obvious mistakes, provided that such correction does not substantially change the trade mark or extend the list of goods or services.’

Apart from the above indicated request, the applicant failed to submit observations within the time limit. Pursuant to Article 7(1)(b) and (c) EUTMR and Article 7(2) EUTMR, the application for the European Union trade mark No 15 333 909 is refused in part, namely for the following goods:

Class 11 Bath fittings; bath installations; radiators [heating]; showers; sanitary apparatus and installations; pipe line cocks [spigots]; shower cubicles; water supply installations.

Clase 19 Artificial stone; cement; ceramic tiles; alabaster glass; safety glass; doors, gates, windows and window coverings, not of metal; slate; bricks; coatings [building materials]; marble.

Clase 20 Mirrors [looking glasses]; screens [furniture]; hinges, not of metal.

The application may proceed for the remaining goods, namely.

Class 11 Wash-hand bowls [parts of sanitary installations]; Toilet seats; Sinks; Toilet bowls; Clean chambers [sanitary installations]; Toilets.

Clase 20 Furniture; Washstands [furniture]; Cabinets [furniture]; Showcases [furniture]; Furniture fittings, not of metal; Cushions; Coatstands.

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.

Isabel DE ALFONSETI HARTMANN