Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 13/06/2019

Wolfgang Hellmich

Lortzingstr. 9/2. Stock

D-81241 München

ALEMANIA

Application No:	016523219
Your reference:	CCCT15
Trade mark:	JUMPPOWER
Mark type:	Word mark
Applicant:	SPORTSPOWER, Ltd. 20/F, PARKVIEW CENTRE, 7 LAU LI STREET, CAUSEWAY BAY Hong Kong REGIÓN ADMINISTRATIVA ESPECIAL DE HONG KONG DE LA REPÚBLICA POPULAR DE CHINA

The Office raised an objection on 20/12/2018 pursuant to Article 7(1)(b) and (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.

In the present case, the relevant consumers would perceive the sign as providing information that the relevant goods are intended to train/increase the user's jumping power. Therefore, the sign describes the intended purpose of the goods in question.

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) and Article 7(2) EUTMR, the application for European Union trade mark No 16 523 219 is hereby rejected for the following goods:

Class 28 Body-building apparatus; Fitness bed; Machines for physical exercises; Trampolines; Tread swings; Fitness exercise machines; Indoor fitness apparatus; gymnastic and sporting articles not included in other classes.

The application may proceed for the remaining goods and services.

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.

Swetlana BRAUN