Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 15/11/2018

KELEMEN, MÉSZÁROS, SÁNDOR ÉS TÁRSAI ÜGYVÉDI IRODA

Budapest

Váci u. 24

H-1052

HUNGRÍA

Application No:	017608316
Trade mark:	SIM SECURITY
Mark type:	Word mark
Applicant:	Security International Management P.O.BOX: AP59223 #309, OLD FORT PLACE, OLD FORT BAY NASSAU LAS BAHAMAS

The Office raised an objection on 31/08/2018 pursuant to Article 7(1) EUTMR because it found that the trade mark applied for is not eligible for registration under Article 7(1)(b) and Article 7(2) EUTMR, for the reasons set out in the attached letter, which forms an integral part of this decision. Attach L110

The Office maintains that, taken as a whole, the word ‘SIM SECURITY’ immediately informs consumers without further reflection that the goods can hold a SIM card which can transmit the information against the danger such as fire, smoke etc. and can trigger the alarm in order to assure the security of the objects or persons.

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 17 608 316 is hereby rejected for the following goods:

Class 9 Alarm central units; Alarm panels; Alarm signalling receivers; Alarm signalling transmitters; Alarm systems; Alarms; Burglar alarms; Control panels for security alarms; Electric alarms; Electric alarms for fire; Electric alarms for smoke; Gas alarms; Intruder detecting apparatus [other than for vehicles]; Intruder identification apparatus [other than for vehicles]; Keypads for security alarms; Personal security alarms; Security warning apparatus; Smoke alarms; Sound alarms, other than for vehicles; Vibrating alarms as reminders to take medication.

The application may proceed for the remaining goods:

Class 9 Acoustic alarms; Alarm bells, electric; Flame detectors; Flame sensors;

Microwave type intruder sensors; Panic buttons.

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.

Petra CHARUZOVÁ

Enclosure: 3 pages