Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 29/08/2018

JEFFREY PARKER AND COMPANY

The Grange, Hinderclay

Suffolk IP22 1HX

REINO UNIDO

Application No:	017882709
Your reference:	TM7952
Trade mark:	CHARGEPOINT AS A SERVICE
Mark type:	Word mark
Applicant:	ChargePoint, Inc. 254 East Hacienda Avenue Campbell, California 95008 ESTADOS UNIDOS (DE AMÉRICA)

The Office raised an objection on 20/04/2018 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 Office found that the relevant consumers would perceive the sign as providing information that the goods are inter alia, charging stations for charging electric vehicles available to the user as a service and the installation of such charging stations and their software. Therefore, the sign describes the kind and intended purpose of the goods and services in question.

The applicant requested –and was granted- a two month extension in order to reply to the Office’s findings but 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 17 882 709 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

Aliki SPANDAGOU