Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 20/11/2018

Bayan Audio Ltd

John Whitehead

5 The Pavilions, Brighton Road, Pease Pottage

Crawley, West Sussex RH11 9BJ

REINO UNIDO

Application No:	017929904
Your reference:
Trade mark:	CHARGE-UP
Mark type:	Word mark
Applicant:	Bayan Audio Ltd Unit 5b The Pavilions Brighton Road Pease Pottage Crawley West Sussex RH11 9BJ REINO UNIDO

The Office raised an objection on 24/07/2018 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.

In the present case, the relevant consumers would perceive the sign as providing information that the goods applied for are used to charge up. Therefore, the sign describes the intended purpose of the goods in question.

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) and Article 7(2) EUTMR EUTMR, the application for European Union trade mark No 017929904 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.

Mladen Stamenov