OPERATIONS DEPARTMENT



L123


Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)


Alicante, 14/02/2018


Beatrice Martinet

c/o Jeantet

87 avenue Kleber

F-75784 Paris

FRANCIA


Application No:

017508011

Your reference:

9550-3SmartActiveMonitor

Trade mark:

SAM Smart Active Monitor

Mark type:

Word mark

Applicant:

Genelec Oy

Olvitie 5

FI-74100 Iisalmi

FINLANDIA



The Office raised an objection on 28/11/2017 pursuant to Article 7(1)(b) and (c) and Article 7(2) EUTMR because it found that the trade mark applied for describes certain characteristics of the goods for which protection is sought, and it is also devoid of any distinctive character, for the reasons set out in the attached letter.


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 17 508 011 is hereby rejected for all the goods claimed:


Class 9

Audio equipment; Audio apparatus; Audio electronic apparatus for use in connection with loudspeakers; Audio processing apparatus; Audio frequency apparatus; Audio amplifiers; Audio recordings; Loudspeakers; Loudspeaker systems; Speakers; Speaker enclosures; Public address speaker systems; Sub-woofers; Portable sound reproducing apparatus; Amplifiers; Apparatus for the reproduction of sound; Apparatus for recording sound; Monitors; Monitoring instruments; Audio equalizers; Sound level meters; High fidelity apparatus; High fidelity audio apparatus; Hi-fi sound systems; Circuitry for equalizers; Circuitry for high fidelity apparatus; Circuitry to control and improve audio equipment sound quality; Measuring, counting, alignment and calibrating instruments; Testing and quality control devices; Calibrators; Calibrating apparatus; Control amplifiers; Automatic control apparatus for use in connection with loudspeakers; Network controlling apparatus for use in connection with loudspeakers; Electronic control systems for use in connection with loudspeakers; Voice processing systems for use in connection with loudspeakers; all aforementioned excluding medical or dental apparatus or instruments as well as excluding goods for or used in connection with medical or dental apparatus or instruments.

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.





María Luisa ARANDA SALES

Avenida de Europa, 4 • E - 03008 • Alicante, Spain

Tel. +34 965139100 • www.euipo.europa.eu

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