Total refusal of an application for a EU trade mark under Articles 7 and 42 of the European Union Trade Mark Regulation (EUTMR) no. 2017/1001

Alicante, 07/03/2018

AKZO Nobel N.V.

Intellectual Property Department

P.O. Box 9300

6800 SB Arnhem

The Netherlands

Depot	17399023
Uw kenmerk	10443-EM-1
Merk	AMBIANCE
Deposante	Akzo Nobel Coatings International B.V. c/o Akzo Nobel Nederland B.V. P.O. Box 9300 6800 SB Arnhem The Netherlands

• Procedure

The Office raised an objection on 9 November 2017, pursuant to Articles 7(1)(b) and (c) and 7(2) EUTMR, because it was found that this sign is descriptive and devoid of any distinctive character. The text of the objection is enclosed.

The applicant did not present either arguments or evidence of acquired distinctiveness through use nor did it surrender its application either before or after the set deadline of 14 January 2018.

• Decision

Pursuant to article 94 EUTMR, it is up to the Office to make a decision based on reasons or evidence on which the applicant has had an opportunity to present its comments.

The application is therefore refused in accordance with the grounds set out in the above mentioned official communication for all goods, namely:

2

Paints; coatings; varnishes; lacquers; thinners; coloring matters all being additives for paints, varnishes or lacquers; ...Show more preservatives against rust and against deterioration of wood; priming preparations (in the nature of paints); wood stains.

Because the applicant chose to refrain from filing a reply, there is no need for the Office to bring forward any new points of view or arguments or to repeat the substantiation of the old ones. Reference is only made to the arguments in the letter of 9 November 2017.

• How to appeal this decision

Under Article 66-68 of the European Union Trade Mark Regulation no. 2017/1001 you have a right to appeal against this decision. The notice of appeal must be filed in writing at the Office within two months from the date of receipt of this notification and within four months from the same date a written statement of the grounds of appeal must be filed. The notice of appeal will be deemed to be filed only when the appeal fee of EUR 720,00 has been paid.

Robert KLIJN BRINKEMA