Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 04/09/2018

MAUCHER JENKINS

26 Caxton Street

London SW1H 0RJ

REINO UNIDO

Application No:	017874822
Your reference:	T048443/EM/35p/KAE/sl
Trade mark:	ABS / AIR BAG STOPPER
Mark type:	Figurative mark
Applicant:	KURODITE Corporation 1-1-1 Hachiman-cho, Takahama-shi Aichi-ken JAPÓN

The Office raised an objection on 17/04/2018 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.

The relevant consumer, notwithstanding certain stylised elements consisting of the stylisation of the word elements, and the figurative elements consisting of a representation how the goods are to be applied would perceive the sign as providing information about the kind (Class 35: what kind of goods are sold) and method (Class 37: method and goods used to employ that method) of the services 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.

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 17 874 822 is hereby rejected for all the goods and services 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.

SZABOLCS KISS