Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 30/04/2018

Akran Intellectual Property Srl

VIA DEL TRITONE 169

I-00187 ROMA

ITALIA

Application No:	017764101
Your reference:
Trade mark:	PARROT BEAK
Mark type:	Word mark
Applicant:	Liftomatic Material Handling Inc. 700 Dartmouth Lane Buffalo Grove Illinois 60089 ESTADOS UNIDOS (DE AMÉRICA)

The Office raised an objection on 12/02/2018 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 (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 word ‘PARROT BEAK’ immediately informs consumers without further reflection that the goods applied for have the shape of a parrot beak. Therefore, the mark conveys obvious and direct information regarding the shape and a feature of the goods in question. In addition, the words ‘parrot beak’ are commonly used in the relevant market. The relevant consumer would therefore not perceive the mark as distinctive in relation to clamping machines and lifting attachments incorporating mechanisms for the handling of goods.

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 17 764 101 is hereby rejected for all the goods 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.

Anja Pernille LIGUNA