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OPERATIONS DEPARTMENT |
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L123 |
Refusal of application for a European Union trade mark
(Article 7 and Article 42(2) EUTMR)]
Alicante, 07/11/2018
A.BRE.MAR. S.R.L.
Via Servais, 27
I-10146 Torino
ITALIA
Application No: |
017901613 |
Your reference: |
yamon156 |
Trade mark: |
Abris
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Mark type: |
Word mark |
Applicant: |
SHENZHEN AIPURUISI INDUSTRIAL CO.,LTD. RM2604, BLD. 3, Wankejinyutixiang NO. 6 Xingzheng Road One,Pingshan Street, Pingshan District Shenzhen 518000 REPÚBLICA POPULAR DE CHINA |
The Office raised an objection on 28/05/2018 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 abovementioned meaning of the word [Abris] composing the trade mark can be supported by the following dictionary references:
Abris : shelter (information extracted from the Reverso Dictionary on 28/05/2018 from the Internet address : https://dictionnaire.reverso.net/francais-anglais/abris ).
Shelter : something that provides cover or protection , as from weather or danger ; place of refuge (information extracted from the Collins Dictionary on 28/05/2018 from the Internet address : https://www.collinsdictionary.com/es/diccionario/ingles/shelter ).
Taken as a whole, the word ‘Abris’ immediately inform consumers without further reflection that the goods applied for are shelter and their components.
Therefore, the relevant consumer would perceive the sign as providing information about the nature of the goods.
The holder 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 017901613 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.
Laurent BEAUSSE
Avenida de Europa, 4 • E - 03008 • Alicante, Spain
Tel. +34 965139100 • www.euipo.europa.eu