Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 19/06/2018

Isabelle Bertaux

55 rue Ramey

F-75018 PARIS

FRANCIA

Application No:	017796707
Your reference:	IBE2018TM132
Trade mark:	hitze
Mark type:	Word mark
Applicant:	Wei Pu Room 402, 1 Unit, No. 3 building, Tuanjiexi Road 7th, Bohu Town Bohu County, Xinjiang Province 841400 REPÚBLICA POPULAR DE CHINA

The Office raised an objection on 26/03/2018 pursuant to Article 7(1) (b) and (c) and Article 7(2) EUTMR because it found that the trade mark applied for is not eligible for registration, for the reasons set out in the attached letter, which forms an integral part of this decision.

The assessment of descriptiveness is based on how the relevant consumer would perceive the sign in relation to the goods and services for which protection is sought. In the present case, the German-speaking consumer, namely a professional as well as the average consumer, would understand the sign as having the following meaning: ‘hitze’ = The sign is descriptive for the objected goods since it could describe a particular attribute of the goods that they are suitable to be used with heat (for example: Printed invisible ink which required heat to reveal the hidden secret etc).

Hitze ‘heat’ (information extracted on 26/03/2018 at https://en.langenscheidt.com/german-english/hitze? term=Hitze&q_cat=%2Fgerman-english%2F)

https://www.techbook.de/video/dieser-stift-nutzt-hitze-um-tinte-wieder-zu-loeschen

https://www.stahls.com/dye-migration-block-vinyl-ink

Therefore, the relevant consumers would perceive the sign as providing information about the kind of the goods in question.

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 17 796 707 is hereby rejected for the following goods:

Class 2 Ink for leather; Printers' pastes [ink]; Printing ink; Marking ink for animals; Ink for skin-dressing; Engraving ink; Ink [toner] for photocopiers.

The application may proceed for the remaining goods.

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.

Zuzana KAUFMANNOVA