Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 04/03/2019

AGENCY ARNOPATENTS

Brivibas street 162/2-17

Riga, LV-1012

LETONIA

Application No:	017878506
Your reference:	Vapingstick
Trade mark:
Mark type:	Figurative mark
Applicant:	Shenzhen Buddy Technology Co., Ltd. 3/F,Block A7,Tianrui Industrial Park, Fuyuan 1st Road,Fuyong Street,Baoan District Shenzhen REPÚBLICA POPULAR DE CHINA

The Office raised an objection on 19/10/2018 pursuant to Article 7(1)(b) and (c) EUTMR 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.

As explained in the abovementioned objection letter, in the present case, the relevant consumers would perceive the sign as providing information that the goods are electronic cigarettes (that generate vapour inhaled and exhaled by the user) or intended to be used with electronic cigarette, such liquid solutions, vaporizers, holders, tobacco. Therefore, the relevant consumer, notwithstanding certain stylised elements consisting of a slightly stylized font, would perceive the sign as providing information about the kind 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.

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) EUTMR and Article 7(2) EUTMR, the application for European Union trade mark No 17 878 506 is hereby rejected for the following goods:

Class 34    Cigarettes containing tobacco substitutes, not for medical purposes; electronic cigarettes; liquid solutions for use in electronic cigarettes; cigarettes; cigarette holders; oral vaporizers for smokers; tobacco; gas containers for cigar lighters; herbs for smoking.

The application may proceed for the following goods:

Class 34    Tobacco pipes; cigar cases; cigars.

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.

Sandra KASPERIŪNAITĖ