Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 17/10/2018

Patentanwälte GEYER, FEHNERS & PARTNER mbB

Perhamerstr. 31

D-80687 München

ALEMANIA

Application No:	017932922
Your reference:	WZ4156/047-EU
Trade mark:	PRIMESHOT
Mark type:	Word mark
Applicant:	Milestone AV Technologies LLC 6436 City West Parkway Eden Prairie, Minnesota 55344 ESTADOS UNIDOS (DE AMÉRICA)

The Office raised an objection on 10/08/2018 pursuant to Article 7(1)(b) and 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 maintains that the sign PRIMESHOT would simply be perceived by the relevant public as a promotional laudatory slogan, the function of which is to communicate a quality statement. Moreover, in the present case, the relevant public will not tend to perceive any particular indication of commercial origin in the sign beyond the promotional information conveyed, which merely serves to highlight positive aspects of the goods in question, namely that they facilitate the shooting of excellent, first class photos and pictures.

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) EUTMR and Article 7(2) EUTMR, the application for European Union trade mark No 017932922 is hereby rejected in part, namely for:

Class 9 Video cameras; video and audio/visual systems and components, namely, system cameras and audio/video recorders that capture, transmit, or record video and audio during meetings or presentations; video and audio/visual system controllers, namely, controllers that power on/off, select audio/video sources for, or operate indirectly, such video and audio/visual systems comprising cameras, electronic switchers, audio/video recorders, electrical cables, and computer peripherals; video and audio/visual systems and components consisting of controllers and computers which provide automated motion tracking that follows a moving presenter.

The application will proceed accordingly for the remaining 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.

Cecilia ALIN