Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 06/08/2018

BJERKÉNS PATENTBYRÅ KB

Box 128

SE-721 05 Västerås

SUECIA

Application No:	017871208
Your reference:	22622EU
Trade mark:
Mark type:	Three-dimensional
Applicant:	Luvata Ohio, Inc. 1376 Pittsburgh Drive Delaware Ohio 43015 ESTADOS UNIDOS (DE AMÉRICA)

The Office raised an objection on 23/03/2018 pursuant to Article 7(1)(b) 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 Office maintains that the mark is devoid of any distinctive character. The sign for which protection is sought consists merely of a combination of presentational features that would be seen by a professional in the field of electrodes as typical of the shapes of electrode tips. This shape is not markedly different from various basic shapes commonly used in trade for the goods at issue; it is merely a variation thereof.

The applicant was granted an extension of time but failed to submit observations within the new time limit. For the reasons set out in the letter of objection, and pursuant to Article 7(1)(b) EUTMR, the application for European Union trade mark No 017871208 is hereby rejected in part, namely for:

Class 9 Electrodes.

The application will proceed accordingly 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.

Cecilia ÅLIN