Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 07/12/2018

GLP S.R.L.

Viale Europa Unita, 171

I-33100 Udine (UD)

ITALIA

Application No:	017934418
Your reference:	H5-3896
Trade mark:	Waterdrop Screen
Mark type:	Word mark
Applicant:	GUANGDONG OPPO MOBILE TELECOMMUNICATIONS CORP., LTD. No.18 Haibin Road, Wusha, Chang'an Town Dongguan, Guangdong REPÚBLICA POPULAR DE CHINA

The Office raised an objection on 10/08/2018 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 Office maintains that the sign for which protection is sought, ‘Waterdrop Screen’, the relevant consumers would perceive as providing information that the goods in question are video, TV or mobile screens made out of water droplets which create 3-D (2.5D) images that can be viewed without special glasses. Instead of pixels, these displays are made out of layers of falling water droplets. Therefore, the sign describes the kind of the goods in question.

Given that the sign has a clear descriptive meaning, it is also devoid of any distinctive character and therefore objectionable under Article 7(1)(b) EUTMR, as it is incapable of performing the essential function of a trade mark, which is to distinguish the goods or services of one undertaking from those of other undertakings.

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, the application for European Union trade mark No 17 934 418 is hereby rejected for the following goods:

Class 9 mobile telephones; smartphones; Video screens; interactive touch screen terminals; computer screen saver software, recorded or downloadable; electronic numeric displays; Telephone apparatus.

The application may proceed for the remaining goods in Class 9.

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.

Michaela POLJOVKOVA