Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 06/03/2019

CSY Herts

Helios Court 1 Bishop Square

Hatfield Hertfordshire AL10 9NE

REINO UNIDO

Application No:	17 930 902
Your reference:	EMT8054
Trade mark:	ADAPTIONS
Mark type:	Word mark
Applicant:	CR Turner (Watford) Limited Unit 1, The Business Centre, Corinium Industrial Estate, Raans Road Amersham Buckinghamshire HP6 6FB REINO UNIDO

The Office raised an objection on 09/08/2018 pursuant to Article 7(1) EUTMR because it found that the trade mark applied for is not eligible for registration under Article 7(1)(b) and (c) EUTMR and Article 7(2) EUTMR, for the reasons set out in the attached letter, which forms an integral part of this decision.

Upon request of 08/10/2018 from the applicant, the Office extended on 09/10/2018 the time limit for submitting observations by two months till 09/12/2018.

The Office maintains that the word ‘ADAPTIONS’ immediately informs consumers without further reflection that the goods applied for in class 9 are all kind of optical instruments, apparatus, equipment, lenses, etc., object to adaptions or to an individualised custom adaptation in order to suit specific optical or visual parameters.

Therefore, the mark conveys obvious and direct information regarding the kind, quality and 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) EUTMR and Article 7(2) EUTMR, the application for European Union trade mark No 17 930 902 is hereby rejected for all the goods, namely:

Class 9 Optical instruments, apparatus and equipment; lenses; spectacle lenses; eyeglass lenses; contact lenses; sunglass lenses; optical lenses; ophthalmic lenses; lens blanks; contact lens blanks; eyeglasses; eyeglass frames; sunglasses; spectacles; spectacles frames; monocles; lorgnettes; photochromic lenses; photochromic spectacle lenses; photochromic eyeglass lenses; photochromic contact lenses; photochromic sunglass lenses; photochromic optical lenses; photochromic ophthalmic lenses; photochromic lens blanks; photochromic contact lens blanks; photochromic eyeglasses; photochromic sunglasses; photochromic spectacles; photochromic monocles; photochromic lorgnettes; parts, fittings, accessories, components and cases for all the aforesaid goods.

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.

Finn PEDERSEN