Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 20/11/2018

Riccardo Ciullo

Calle Aribau, 175, Pral. 1º B

08036 Barcelona

ESPAÑA

Application No:	017884220
Your reference:	IPW/AB/OFF/ITestPro
Trade mark:	iTest Pro
Mark type:	Figurative mark
Applicant:	OFFENHEIMERTEC GmbH Westendstrasse 28 Frankfurt am Main, D-60325 D- Frankfurt am Main ALEMANIA

The Office raised an objection on 16/05/2018 pursuant to Article 7(1)(b) & (c) EUTMR because it found that the trade mark applied for is descriptive and devoid of any distinctive character, for the reasons set out in the attached letter, which forms an integral part of this decision.

The Office still maintains that, taken as a whole, the sign would simply be seen in the relevant market sector as providing information about the kind and the intended purpose of the goods in question, namely that they are electrical instruments and devices which carry out an interactive test/examination of electrical systems on a professional level.carry out an interactive test/examination of electrical systems on a professional level.

The Applicant first requested an extension of deadline which was granted until 16/09/2018.

The Applicant has now failed to submit observations within the time limit.

For the reasons set out in the letter of objection, and pursuant to Articles 7(1)(b) & (c) EUTMR, the application for European Union trade mark No 17884220 is hereby rejected for all the goods 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.

Magali VOISIN