Partial refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 15/05/2018

Green Power Trading UK Ltd

71-75 Shelton Street Covent Garden

London London, City of WC2H 9JQ

REINO UNIDO

Application No:	017776221
Your reference:
Trade mark:	Green Power
Mark type:	Figurative mark
Applicant:	Green Power Trading UK Ltd 71-75 Shelton Street Covent Garden London London, City of WC2H 9JQ REINO UNIDO

The Office raised an objection on 21/02/2018 pursuant to Article 7(1) EUTMR because it found that the trade mark applied for is descriptive and devoid of distinctive character, for the reasons set out in the attached letter.

In the present case, the relevant consumers would perceive the sign as providing information that the goods of the applicant use green energy or are intended/adapted for goods that use green energy. Green energy is energy that is not harmful to the environment. Therefore, the relevant consumer, notwithstanding certain figurative elements consisting of the use of the colour green and the presence of a beam depicted inside the letter ‘O’, would perceive the sign as providing information about the kind, quality, and intended purpose of the goods in question.

Given that the sign has a clear descriptive meaning, it is also devoid of any distinctive character and therefore objectionable under Article 7(1)(b) EUTMR, as it is incapable of performing the essential function of a trade mark, which is to distinguish the goods or services of one undertaking from those of other undertakings.

On 27/02/2018 the applicant submitted a proposal of changing the applied for sign to ‘Green Power Electric Mobility’ that was refused according to the European Union Trademark Regulation, Article 49, point 2, in the letter dated 21/03/2018.

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 17 776 221 is hereby rejected for the following goods:

Class 12 Mobility scooters; Mobility vehicles; Vehicles for the physically handicapped and those of reduced mobility; Motorised wheelchairs for the disabled and those with mobility difficulties; Motorised scooters for the disabled and those with mobility difficulties; Motorised buggies for the disabled and those with mobility difficulties; Mobility conveyances; Scooters; Pedal scooters; Scooters [vehicles]; Motorized scooters; Motor scooters; Electrically powered scooters; Water scooters; Electrically operated scooters; Scooters [for transportation]; Push scooters [vehicles]; Electrically-powered motor scooters; Electrically powered scooters [vehicles]; Self balancing electric scooters; Electric one wheel scooters; Non-motorized scooters [vehicles]; Self-balancing two-wheeled electric scooters; Self-balancing one-wheeled electric scooters; Motorized and non-motorized scooters for personal transportation; Bicycles; Bicycle motors; Electric bicycles; Folding electric bicycles; Vehicles (Electric -); Electric vehicles; Electric tractors [vehicles]; Electric land vehicles; Electric trucks [vehicles]; Electrically powered vehicles; Electrically operated vehicles; Self-propelled electric vehicle; Tricycles; Delivery tricycles; Tricycles (Carrier -); Carrier tricycles; Motorcycles; Mopeds; Wheelchairs; Electric wheelchairs; Manual wheelchairs; Electrically operated wheelchairs;.

The application will proceed accordingly for the remaining goods:

Class 12 Bicycle carriers; Saddlebags adapted for tricycles; Handlebars for bicycles, cycles; Cycle handle bars.

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.

Ignacio IGLESIAS ARROYO