Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 19/12/2019

FORRESTERS

Skygarden Erika-Mann-Str. 11

D-80636 Munich

ALEMANIA

Application No:	017172818
Your reference:	T35386EM-SJW/cxc
Trade mark:	FullView
Mark type:	Word mark
Applicant:	Huawei Technologies Co., Ltd. Administration Building Huawei Technologies Co., Ltd. Bantian, Longgang District Shenzhen, Guangdong 518129 REPÚBLICA POPULAR DE CHINA

The Office raised an objection on 15/07/2019 pursuant to Article 7(1)(b), (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.

The relevant consumers would perceive the sign as providing information that the goods provide full view displays, or are used to enable full view displays, or give a “full view”. Therefore, the sign describes the kind and intended purpose of the goods in question.

Given that the sign has a clear descriptive meaning, it is also devoid of any distinctive character and therefore objectionable under Article 7(1)(b) EUTMR, as it is incapable of performing the essential function of a trade mark, which is to distinguish the goods or services of one undertaking from those of other undertakings.

Furthermore, signs that are commonly used in connection with the marketing of the goods concerned are devoid of distinctive character. In the present case, an internet search dated 12/07/2019 revealed that not only are the words in question commonly used in the relevant market, but also, that there are market realities where the use of the term “full view” could be used.

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), (c) and Article 7(2) EUTMR, the application for European Union trade mark No 017172818 is hereby rejected for the following goods/services:

Class 9 Apparatus for recording, transmission and reproduction of sound; protective films adapted for smartphones; chargers for electric batteries; humanoid robots with artificial intelligence; computer programs, recorded; computer software, recorded; digital photo frames; sound transmitting apparatus; computer software applications, downloadable.

The application may proceed for the remaining goods.

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.

Herbert JOHNSTON