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OPERATIONS DEPARTMENT |
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L123 |
Refusal of application for a European Union trade mark
(Article 7 EUTMR and Rule 11(3) EUTMIR)
Alicante, 07/03/2017
Pressovac Oy
Ratastie 10
FI-40950 Muurame
FINLANDIA
Application No: |
016162901 |
Your reference: |
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Trade mark: |
DuctTools |
Mark type: |
Word mark |
Applicant: |
Pressovac Oy Ratastie 10 FI-40950 Muurame FINLANDIA |
The Office raised an objection on 30/12/2016 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.
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) EUTMR and Article 7(2) EUTMR, the application for European Union trade mark No 16 162 901 is hereby rejected for the following goods:
Class 7 |
Machine tools for treatment of materials and for manufacturing; Construction equipment; Machine tools for treatment of materials and for manufacturing; Construction equipment.
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Class 8 |
Hand tools, hand-operated; Ratchet handles [hand-operated tools]; Tighteners [hand-operated tools]; Tillers [hand-operated tools]; Hand-operated tools and implements for treatment of materials, and for construction, repair and maintenance; Lifting Tools; Hand-operated tools and implements for treatment of materials, and for construction, repair and maintenance.
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The application may proceed for the remaining goods, namely:
Class 7 |
Machines for treatment of materials and for manufacturing; Sweeping, cleaning, washing and laundering machines; Agricultural, earthmoving, oil and gas extraction and mining equipment; Engines, powertrains, and generic machine parts; Moving and handling equipment; Pumps, compressors and fans; Machines for treatment of materials and for manufacturing; Agricultural, earthmoving, oil and gas extraction and mining equipment; Dispensing machines; Engines, powertrains, and generic machine parts; Generators of electricity; Moving and handling equipment; Pumps, compressors and fans; Robots; Sweeping, cleaning, washing and laundering machines; Current generators.
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Class 9 |
Measuring, detecting and monitoring instruments, indicators and controllers; Apparatus, instruments and cables for electricity; Scientific research and laboratory apparatus, educational apparatus and simulators; Optical devices, enhancers and correctors; Devices for treatment using electricity; Apparatus, instruments and cables for electricity; Devices for treatment using electricity; Diving equipment; Information technology and audiovisual equipment; Magnets, magnetizers and demagnetizers; Measuring, detecting and monitoring instruments, indicators and controllers; Navigation, guidance, tracking, targeting and map making devices; Optical devices, enhancers and correctors; Safety, security, protection and signalling devices; Scientific research and laboratory apparatus, educational apparatus and simulators; Recorded content.
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Class 11 |
Filters for industrial and household use; Flues and installations for conveying exhaust gases; Fireplaces; Burners, boilers and heaters; Drying installations; Heating, ventilating, and air conditioning and purification equipment (ambient); Industrial treatment installations; Food and beverage cooking, heating, cooling and treatment equipment; Sanitary installations, water supply and sanitation equipment; Regulating and safety accessories for water and gas installations; Personal heating and drying implements; Refrigerating and freezing equipment; Lighting and lighting reflectors; Burners, boilers and heaters; Drying installations; Filters for industrial and household use; Fireplaces; Flues and installations for conveying exhaust gases; Food and beverage cooking, heating, cooling and treatment equipment; Heating, ventilating, and air conditioning and purification equipment (ambient); Igniters; Industrial treatment installations; Lighting and lighting reflectors; Personal heating and drying implements; Refrigerating and freezing equipment; Regulating and safety accessories for water and gas installations; Sanitary installations, water supply and sanitation equipment; Sun tanning appliances. |
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.
Sandra KASPERIŪNAITĖ
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