Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 25/04/2018

Grünecker Patent- und Rechtsanwälte PartG mbB

Leopoldstr. 4

D-80802 München

ALEMANIA

Application No:	017589805
Your reference:	EW36311AFKDwof
Trade mark:	Advanced Energy Solutions Corporation
Mark type:	Word mark
Applicant:	Automotive Energy Supply Corporation 10-1, Hironodai 2-chome, Zama-shi Kanagawa 252-0012 JAPÓN

The Office raised an objection on 22/12/2017 because it found that the trade mark applied for is not eligible for registration under Article 7(1)(b) and (c) EUTMR and Article 7(2) EUTMR, for the reasons set out in the attached letter, which forms an integral part of this decision.

The Office maintains that, taken as a whole, the words ‘Advanced Energy Solutions Corporation’ immediately inform consumers without further reflection that the goods applied for comprise cutting edge energy solutions. Therefore, the mark conveys obvious and direct information regarding the kind, quality, or intended purpose of the goods in question.

Moreover, the relevant public would perceive the expression ‘Advanced Energy Solutions Corporation’ as a laudatory promotional message, simply claiming that it is a company providing cutting edge solutions in the field of energy. Moreover, whilst accepting that a mark may be understood as both a promotional formula and an indication of commercial origin, in the present case the relevant public will not tend to perceive in the sign any particular indication of commercial origin beyond the promotional information conveyed, which merely serves to highlight positive aspects of the goods concerned, namely that they offer advanced energy solutions.

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) EUTMR, the application for European Union trade mark No 17 589 805 is hereby rejected.

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.

Lynn BURTCHAELL