Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 03/10/2017

J A KEMP

14 South Square

Gray's Inn

London WC1R 5JJ

REINO UNIDO

Application No:	016446304
Your reference:	TM404379EMJAF/jcw
Trade mark:	The Core of Satisfaction "TRUST"
Mark type:	Word mark
Applicant:	KABUSHIKI KAISHA DENSO (DENSO CORPORATION) 1-1 Showa-cho, KariyaCity, Aichi-Pref. 448-8661 JAPÓN

The Office raised an objection on 19/04/2017 pursuant to Article 7(1)(b) EUTMR and Article 7(2) EUTMR because it found that the trade mark applied for is devoid of any distinctive character for the reasons set out in the attached letter.

The applicant submitted its observations on 05/06/2017, which may be summarised as follows:

1. The applicant indicates that the sign does not make sense to the English speaker, and the inclusion of word “TRUST” in quotation marks at the end of sign does not follow English grammar rules.

Pursuant to Article 75 EUTMR, it is up to the Office to take a decision based on reasons or evidence on which the applicant has had an opportunity to present its comments.

After giving due consideration to the applicant’s arguments, the Office has decided to waive the objection for the following goods:

Class 7 Machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs; automatic vending machines; accelerator pedal module; air cleaners for engines; air filter element; air filters for motors and engines; alternators for vehicles; combination valve for exhaust emission control for vehicles; compressed air pumps; compressors for machines; compressors, namely, compressors for air conditioners; condensers for refrigerants for air conditioners; cooling fans for engines; electric diesel fuel injection control apparatus, namely, injection pumps; electric motors other than for land vehicles; electric starters for engines; electronic compressors for hybrid vehicles or electric vehicles; engine parts, namely, igniting magnetos; evaporative leak check modules for engines; fans for machines and engines; fuel conversion apparatus for internal combustion engines; fuel economizers for motors and engines; fuel filters; fuel injection nozzles; fuel injection parts, namely, throttle bodies; fuel injection pumps; fuel injectors; fuel injectors for diesel common rail systems; fuel pump modules; fuel pumps for engines; glow plugs; ignition devices for engines; ignition parts for internal combustion engines, namely, condensers and ignition coils; intake air heating apparatus, namely, intake air heaters for engines; inter coolers, namely heat exchangers for air-cooling in vehicle engines; motor stators; motors and engines other than for land vehicles; oil coolers for engines; oil filters for motors and engines; pressure regulators being parts of machines and engines; pulleys; radiators for motors and engines; rails as diesel engine components for common rail system for vehicles; receivers for refrigerants; reserve tanks for cooling vehicle engines; spark plugs; speed governors for engines; superchargers, namely, intake air compressors; supply pumps for common rail systems; turbo compressors for engines; vacuum pumps; variable cam timing; variable intake air control valves for engines; water valves for controlling cooling water flow for engines; apparatus for machining, namely, industrial robots; parts of motors and engines of all kinds; blower motors for air conditioning for vehicles; compressors for air conditioners; condensers for air conditioners; intake air heaters for diesel engines; recovering and regenerating machines and installations for refrigerants, namely, regenerators for recovering refrigerants from cooling or refrigerating units and regenerating refrigerants; electric motors for windshield wipers; engine parts, namely, monolithic carriers for being adhered with catalyst for cleaning engine exhaust gas which has integral honeycomb structure made of ceramic or metal; vehicle parts for use in air conditioning and heating systems and in radiators, namely, fan motors for moving ventilating fans of air conditioning and heating systems and for moving cooling fans of radiators for engines; washer motors for vehicles; window regulating motors for vehicles; magnetic clutch, namely apparatus for switching on/off of compressors for air conditioners for vehicles

Class 9 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; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; compact discs, DVDs and other digital recording media; mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment, computers; computer software; fire-extinguishing apparatus; accelerometers for airbag systems or suspension control systems for vehicles; adaptive frontlighting system controllers for vehicles; air flow meters for engines; air fuel ratio sensors for exhaust emission control for vehicles; airbag electronic control units for vehicles; airbag electronic satellite sensors for vehicles; ambient air temperature sensors for vehicles; amplifier for air-conditioners for vehicles; automatic steering computers for vehicles; battery current sensors for hybrid and electric vehicles; battery monitoring units for hybrid and electric vehicles; brake fluid pressure sensors for vehicles; brushless motor controllers for air conditioning systems for vehicles; cam position sensors for vehicles; car navigational systems for vehicles, namely, a navigational system for use in automobiles comprising computers, computer software, receivers and displays; common rail pressure sensor for vehicles; computers for automatic air-conditioners for vehicles; computer programs for controlling vehicles, engines, industrial design and manufacturing prerecorded compact discs featuring music and map-data; computers, namely, electronic control units; contactless identification card readers and writers; contactless identification cards; control panels for air-conditioners for vehicles; coolant temperature sensors for vehicles; crank position sensors for vehicles; crash sensors for vehicles; date communication modules; dedicated short range communication on-board equipment; electric buzzers; electric coils; electric diesel fuel injection control apparatus, namely, control computers; electric relays; electric switches; electromagnetic coils; electronic toll collection system; evaporative leak check module for vehicles; evaporator temperature sensors for vehicles; event data recorders; exhaust gas pressure sensors for vehicle engines; exhaust gas temperature sensors for vehicles; finger print verification computers for verifying finger print of pre-registered people; flashing safety lights and its electric or electronic controllers; fuel meters and gauges for vehicles; fuel pressure sensors for gasoline direct injection for vehicles; fuel tank pressure sensors for vehicles; heads-up displays (HUDs) in the nature of transparent electronic displays for use in providing drivers of vehicles with navigational and operational information; high intensity discharge lamp ballast, namely, an electrical device for starting and regulating discharge lamps for vehicles; home energy management system; humidity sensors for vehicles; in-car sensors for vehicles; inertia sensors, namely sensors to control stability of vehicles; instruments clusters comprising meters indicating vehicle and engine conditions; intake air temperature sensors for vehicles; IR sensors; knock sensors for vehicles; laser radar sensors for vehicles; lean mixture sensors for vehicles; lithium-ion storage batteries for household use; magnetic field sensors for vehicle engines; mileage recorders for vehicles; millimeter-wave radar sensors for vehicles; oil pressure meters and gauges for vehicles; optical beacon antennas; oxygen sensors for vehicles; passenger presence sensors for vehicles; piezoelectric sensors for vehicles; portable batteries; pressure sensors for fuel cell vehicles; processors, namely, central processing units; radiator fan controllers for vehicle engines; rain sensors for vehicles; refrigerant pressure sensors for vehicles; remote controllers for vehicle door locking and opening; remote security electronic control units; seatbelt electronic control units; smart keys for vehicles, namely a remote control key which allows the driver to keep the key fob pocketed when unlocking, locking and starting the vehicle; solar and twilight sensors; solar sensors for vehicles; sonar electronic control units; sonar sensors; speed sensors for vehicles; speedometers for vehicles; steering torque sensors; tachographs; tachometers; temperature meters and gauges; terminal computers and computer cables for factory automation; thermostats; throttle sensors; tire pressure monitoring system electronic control units; ultrasonic sensors; ultrasonic sonars; vacuum sensors; vehicle head lights controllers; vehicle safety equipment, namely, an on-board camera; vehicle safety equipment, namely, back-up sensors and cameras; vehicle safety equipment, namely, digital tachograph comprising of display monitors, computers, video cameras, and operating system and application software to detect vehicle location; vision sensors; voltage and amperage testers for engine and automobile control computers; voltage regulators for electric power; voltmeters; warning alarms for drivers for vehicle abnormal and failure conditions; wheel speed sensors; work stations comprising host computers; all computer programs and software regardless of recording media or means of dissemination, that is, software recorded on magnetic media or downloaded from a remote computer network; power transistor coolers; Manifold Absolute Pressure Sensor; diagnostic testers for land vehicles; leak check testers for air-conditioners for land vehicles; apparatus and instruments for gas pressure check and adjusting air-conditioners for land vehicles; Belt Tention gauges for vehicle engine accessories; ignition control units for motorcycles.

Class 11 Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes; accumulators for air conditioning system for vehicles; air conditioners for vehicles and their parts and fittings; air conditioning units; air filters for air conditioners; air purifiers for vehicle compartment use; automatic faucet; automatic flush valve; bath water purifiers; coolers for vehicles, factories, or cellular base station equipment; cooling sub modules for cooling engines or fuel cells; defrosters for vehicles; discharge lamps for vehicle headlights and ballast therefor; electric air deodorizing apparatus for vehicle compartment use; electric fans for air-conditioners; electric stoves using far infrared rays; evaporators for air conditioners; expansion valves, namely, component parts for heating and air conditioning systems for vehicles; headlights for vehicles; heat exchangers; heat pumps; heaters for bath water; heaters for vehicles and their parts and fittings, namely, heater cores; hoses and water pipes for air conditioners for vehicles; hot water heaters; light-emitting diodes [LED] lighting apparatus for vehicles; cooling units for placement into the rear of automobiles; refrigerating containers; refrigerators; separators for air conditioners, namely, separators for separating refrigerants into gas and liquid; servo motors for air conditioning systems; ventilators for vehicles; water valves for air conditioning systems for vehicles; electrically operated perfuming devices; heat exchangers, namely, evaporators for air conditioners; radiator caps.

Class 12 Vehicles; apparatus for locomotion by land, air or water; anti-theft alarms for vehicles; brakes for vehicles; direction signals for vehicles; driving motors for land vehicles; engine traction controllers for vehicles; horns for vehicles; motors for vehicles; rearview mirrors; reversing alarms for vehicles; seat belt tensioners for vehicle seats; vehicle parts, namely, anti-dazzle review mirrors; vehicle parts, namely, windshield washers; vehicle parts, namely, windshield wipers for headlights; windshield wipers for vehicles; wiper blades for vehicles; motors and engines for land vehicles; couplings and transmission components for land vehicles; burglar alarms for vehicles and household use; ion generators for car use.

The objection is maintained for the remaining services.

The applicant indicates that the sign does not make sense to the English speaker, and the inclusion of word “TRUST” in quotation marks at the end of sign does not follow English grammar rules.

Under Article 7(1)(b) EUTMR, ‘trade marks which are devoid of any distinctive character’ are not to be registered.

It is settled case-law that each of the grounds for refusal to register listed in Article 7(1) EUTMR is independent and requires separate examination. Moreover, it is appropriate to interpret those grounds for refusal in the light of the general interest underlying each of them. The general interest to be taken into consideration must reflect different considerations according to the ground for refusal in question (16/09/2004, C‑329/02 P, SAT/2, EU:C:2004:532, § 25).

The marks referred to in Article 7(1)(b) EUTMR are, in particular, those that do not enable the relevant public ‘to repeat the experience of a purchase, if it proves to be positive, or to avoid it, if it proves to be negative, on the occasion of a subsequent acquisition of the goods or services concerned’ (27/02/2002, T‑79/00, Lite, EU:T:2002:42, § 26). This is the case for, inter alia, signs commonly used in connection with the marketing of the goods or services concerned (15/09/2005, T‑320/03, Live richly, EU:T:2005:325, § 65).

Registration ‘of a trade mark which consists of signs or indications that are also used as advertising slogans, indications of quality or incitements to purchase the goods or services covered by that mark is not excluded as such by virtue of such use’ (04/10/2001, C‑517/99, Bravo, EU:C:2001:510, § 40). ‘Furthermore, it is not appropriate to apply to slogans criteria which are stricter than those applicable to other types of sign’ (11/12/2001, T‑138/00, Das Prinzip der Bequemlichkeit, EU:T:2001:286, § 44).

Although the criteria for assessing distinctiveness are the same for the various categories of marks, it may become apparent, in applying those criteria, that the relevant public’s perception is not necessarily the same for each of those categories and that, therefore, it may prove more difficult to establish distinctiveness for some categories of mark than for others (29/04/2004, C‑456/01 P & C‑457/01 P, Tabs, EU:C:2004:258, § 38).

Moreover, it is also settled case-law that the way in which the relevant public perceives a trade mark is influenced by its level of attention, which is likely to vary according to the category of goods or services in question (05/03/2003, T‑194/01, Soap device, EU:T:2003:53, §  42; and 03/12/2003, T‑305/02, Bottle, EU:T:2003:328, § 34).

A sign, such as a slogan, that fulfils functions other than that of a trade mark in the traditional sense of the term ‘is only distinctive for the purposes of Article 7(1)(b) EUTMR if it may be perceived immediately as an indication of the commercial origin of the goods or services in question, so as to enable the relevant public to distinguish, without any possibility of confusion, the goods or services of the owner of the mark from those of a different commercial origin’ (05/12/2002, T‑130/01, Real People, Real Solutions, EU:T:2002:301, § 20 ; and 03/07/2003, T‑122/01, Best Buy, EU:T:2003:183, § 21).

The relevant consumer will understand the words as a meaningful expression: the essential part of the pleasure obtained from something is the reliance on and confidence in that. It can be understood as the result of the fundamental part of satisfaction is trust.

The fact that the word TRUST is included in quotation marks reinforces the sense of considering this word as the conclusion of the first part of the sign, The Core of Satisfaction.

For the abovementioned reasons, and pursuant to Article 7(1)(b) EUTMR and Article 7(2) EUTMR, the application for European Union trade mark No 16 446 304 The Core of Satisfaction "TRUST" is hereby rejected for the following services:

Class 37 Building construction; air conditioning apparatus installation and repair; anti-rust treatment for vehicles; burglar alarm installation and repair; diagnostic repair or diagnostic maintenance and repair regarding vehicles, vehicle parts, engine parts, electronic apparatus, telecommunication apparatus, industrial machines or household appliances; electric appliances installation and repair; freezing equipment installation and repair; heating equipment installation and repair; installation, maintenance and repair of computer hardware; machinery installation, maintenance and repair; maintenance and repair of computer hardware and computer networks; motor vehicle maintenance and repair; pump repair; repair or maintenance of electric motors; repair or maintenance of measuring and testing machines and instruments; repair or maintenance of power distribution or control machines and apparatus; repair or maintenance of power generators; robot installation, repair and maintenance; telephone apparatus installations and repair; vehicle cleaning; vehicle lubrication; vehicle polishing; vehicle repair; vehicle service stations; vehicle washing services; maintenance, repair and installations of parts and fitting of motor vehicles.

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; computer programming; computer rental; computer software design; computer system design; consultancy in the field of computer hardware; consultancy in the field of computer software; diagnostic testing or diagnostic analysis services regarding vehicle parts, engine parts, electronic apparatus, telecommunication apparatus, industrial machines or household appliances; engineering; engineering drawings; industrial design; maintenance of computer software; material testing; mechanical research; rental of computer software; research and development for others; technical research; vehicle roadworthiness testing; providing temporary use of on-line non-downloadable computer software.

The application may proceed for the remaining goods:

Class 7 Machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs; automatic vending machines; accelerator pedal module; air cleaners for engines; air filter element; air filters for motors and engines; alternators for vehicles; combination valve for exhaust emission control for vehicles; compressed air pumps; compressors for machines; compressors, namely, compressors for air conditioners; condensers for refrigerants for air conditioners; cooling fans for engines; electric diesel fuel injection control apparatus, namely, injection pumps; electric motors other than for land vehicles; electric starters for engines; electronic compressors for hybrid vehicles or electric vehicles; engine parts, namely, igniting magnetos; evaporative leak check modules for engines; fans for machines and engines; fuel conversion apparatus for internal combustion engines; fuel economizers for motors and engines; fuel filters; fuel injection nozzles; fuel injection parts, namely, throttle bodies; fuel injection pumps; fuel injectors; fuel injectors for diesel common rail systems; fuel pump modules; fuel pumps for engines; glow plugs; ignition devices for engines; ignition parts for internal combustion engines, namely, condensers and ignition coils; intake air heating apparatus, namely, intake air heaters for engines; inter coolers, namely heat exchangers for air-cooling in vehicle engines; motor stators; motors and engines other than for land vehicles; oil coolers for engines; oil filters for motors and engines; pressure regulators being parts of machines and engines; pulleys; radiators for motors and engines; rails as diesel engine components for common rail system for vehicles; receivers for refrigerants; reserve tanks for cooling vehicle engines; spark plugs; speed governors for engines; superchargers, namely, intake air compressors; supply pumps for common rail systems; turbo compressors for engines; vacuum pumps; variable cam timing; variable intake air control valves for engines; water valves for controlling cooling water flow for engines; apparatus for machining, namely, industrial robots; parts of motors and engines of all kinds; blower motors for air conditioning for vehicles; compressors for air conditioners; condensers for air conditioners; intake air heaters for diesel engines; recovering and regenerating machines and installations for refrigerants, namely, regenerators for recovering refrigerants from cooling or refrigerating units and regenerating refrigerants; electric motors for windshield wipers; engine parts, namely, monolithic carriers for being adhered with catalyst for cleaning engine exhaust gas which has integral honeycomb structure made of ceramic or metal; vehicle parts for use in air conditioning and heating systems and in radiators, namely, fan motors for moving ventilating fans of air conditioning and heating systems and for moving cooling fans of radiators for engines; washer motors for vehicles; window regulating motors for vehicles; magnetic clutch, namely apparatus for switching on/off of compressors for air conditioners for vehicles

Class 9 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; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; compact discs, DVDs and other digital recording media; mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment, computers; computer software; fire-extinguishing apparatus; accelerometers for airbag systems or suspension control systems for vehicles; adaptive frontlighting system controllers for vehicles; air flow meters for engines; air fuel ratio sensors for exhaust emission control for vehicles; airbag electronic control units for vehicles; airbag electronic satellite sensors for vehicles; ambient air temperature sensors for vehicles; amplifier for air-conditioners for vehicles; automatic steering computers for vehicles; battery current sensors for hybrid and electric vehicles; battery monitoring units for hybrid and electric vehicles; brake fluid pressure sensors for vehicles; brushless motor controllers for air conditioning systems for vehicles; cam position sensors for vehicles; car navigational systems for vehicles, namely, a navigational system for use in automobiles comprising computers, computer software, receivers and displays; common rail pressure sensor for vehicles; computers for automatic air-conditioners for vehicles; computer programs for controlling vehicles, engines, industrial design and manufacturing prerecorded compact discs featuring music and map-data; computers, namely, electronic control units; contactless identification card readers and writers; contactless identification cards; control panels for air-conditioners for vehicles; coolant temperature sensors for vehicles; crank position sensors for vehicles; crash sensors for vehicles; date communication modules; dedicated short range communication on-board equipment; electric buzzers; electric coils; electric diesel fuel injection control apparatus, namely, control computers; electric relays; electric switches; electromagnetic coils; electronic toll collection system; evaporative leak check module for vehicles; evaporator temperature sensors for vehicles; event data recorders; exhaust gas pressure sensors for vehicle engines; exhaust gas temperature sensors for vehicles; finger print verification computers for verifying finger print of pre-registered people; flashing safety lights and its electric or electronic controllers; fuel meters and gauges for vehicles; fuel pressure sensors for gasoline direct injection for vehicles; fuel tank pressure sensors for vehicles; heads-up displays (HUDs) in the nature of transparent electronic displays for use in providing drivers of vehicles with navigational and operational information; high intensity discharge lamp ballast, namely, an electrical device for starting and regulating discharge lamps for vehicles; home energy management system; humidity sensors for vehicles; in-car sensors for vehicles; inertia sensors, namely sensors to control stability of vehicles; instruments clusters comprising meters indicating vehicle and engine conditions; intake air temperature sensors for vehicles; IR sensors; knock sensors for vehicles; laser radar sensors for vehicles; lean mixture sensors for vehicles; lithium-ion storage batteries for household use; magnetic field sensors for vehicle engines; mileage recorders for vehicles; millimeter-wave radar sensors for vehicles; oil pressure meters and gauges for vehicles; optical beacon antennas; oxygen sensors for vehicles; passenger presence sensors for vehicles; piezoelectric sensors for vehicles; portable batteries; pressure sensors for fuel cell vehicles; processors, namely, central processing units; radiator fan controllers for vehicle engines; rain sensors for vehicles; refrigerant pressure sensors for vehicles; remote controllers for vehicle door locking and opening; remote security electronic control units; seatbelt electronic control units; smart keys for vehicles, namely a remote control key which allows the driver to keep the key fob pocketed when unlocking, locking and starting the vehicle; solar and twilight sensors; solar sensors for vehicles; sonar electronic control units; sonar sensors; speed sensors for vehicles; speedometers for vehicles; steering torque sensors; tachographs; tachometers; temperature meters and gauges; terminal computers and computer cables for factory automation; thermostats; throttle sensors; tire pressure monitoring system electronic control units; ultrasonic sensors; ultrasonic sonars; vacuum sensors; vehicle head lights controllers; vehicle safety equipment, namely, an on-board camera; vehicle safety equipment, namely, back-up sensors and cameras; vehicle safety equipment, namely, digital tachograph comprising of display monitors, computers, video cameras, and operating system and application software to detect vehicle location; vision sensors; voltage and amperage testers for engine and automobile control computers; voltage regulators for electric power; voltmeters; warning alarms for drivers for vehicle abnormal and failure conditions; wheel speed sensors; work stations comprising host computers; all computer programs and software regardless of recording media or means of dissemination, that is, software recorded on magnetic media or downloaded from a remote computer network; power transistor coolers; Manifold Absolute Pressure Sensor; diagnostic testers for land vehicles; leak check testers for air-conditioners for land vehicles; apparatus and instruments for gas pressure check and adjusting air-conditioners for land vehicles; Belt Tention gauges for vehicle engine accessories; ignition control units for motorcycles.

Class 11 Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes; accumulators for air conditioning system for vehicles; air conditioners for vehicles and their parts and fittings; air conditioning units; air filters for air conditioners; air purifiers for vehicle compartment use; automatic faucet; automatic flush valve; bath water purifiers; coolers for vehicles, factories, or cellular base station equipment; cooling sub modules for cooling engines or fuel cells; defrosters for vehicles; discharge lamps for vehicle headlights and ballast therefor; electric air deodorizing apparatus for vehicle compartment use; electric fans for air-conditioners; electric stoves using far infrared rays; evaporators for air conditioners; expansion valves, namely, component parts for heating and air conditioning systems for vehicles; headlights for vehicles; heat exchangers; heat pumps; heaters for bath water; heaters for vehicles and their parts and fittings, namely, heater cores; hoses and water pipes for air conditioners for vehicles; hot water heaters; light-emitting diodes [LED] lighting apparatus for vehicles; cooling units for placement into the rear of automobiles; refrigerating containers; refrigerators; separators for air conditioners, namely, separators for separating refrigerants into gas and liquid; servo motors for air conditioning systems; ventilators for vehicles; water valves for air conditioning systems for vehicles; electrically operated perfuming devices; heat exchangers, namely, evaporators for air conditioners; radiator caps.

Class 12 Vehicles; apparatus for locomotion by land, air or water; anti-theft alarms for vehicles; brakes for vehicles; direction signals for vehicles; driving motors for land vehicles; engine traction controllers for vehicles; horns for vehicles; motors for vehicles; rearview mirrors; reversing alarms for vehicles; seat belt tensioners for vehicle seats; vehicle parts, namely, anti-dazzle review mirrors; vehicle parts, namely, windshield washers; vehicle parts, namely, windshield wipers for headlights; windshield wipers for vehicles; wiper blades for vehicles; motors and engines for land vehicles; couplings and transmission components for land vehicles; burglar alarms for vehicles and household use; ion generators for car use.

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.

Valentín ALONSO MORENO