Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 05/03/2018

GROSSE SCHUMACHER KNAUER VON HIRSCHHAUSEN

Frühlingstr. 43A

D-45133 Essen

ALEMANIA

Application No:	017369224
Your reference:	M1170281EM
Trade mark:	INFORMATION THAT LEADS TO SOLUTIONS
Mark type:	Word mark
Applicant:	Lincoln Global, Inc. 9160 Norwalk Boulevard Santa Fe Springs, California 90670 ESTADOS UNIDOS (DE AMÉRICA)

The Office raised an objection on 06/11/2017 pursuant to Article 7(1) 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 Office claimed that the sign for which protection is sought, ‘INFORMATION THAT LEADS TO SOLUTIONS’, would simply be seen in the relevant market sector as a laudatory slogan. Moreover, in the present case, the relevant public will not tend to perceive any particular indication of commercial origin in the sign beyond the promotional information conveyed, which merely serves to highlight positive aspects of the goods and services in question, namely that they are able to provide users with information/making use of information that enable them to solve problems.

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) EUTMR, the application for European Union trade mark No 17 369 224 is hereby rejected for all the goods and services claimed.

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.

Klara BOUSKOVA