Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 19/12/2018

Waeg

Avenue Louise 65 bte 11

B-1050 Brussels

BÉLGICA

Application No:	017936615
Your reference:
Trade mark:	commercial automation
Mark type:	Word mark
Applicant:	Waeg Avenue Louise 65 bte 11 B-1050 Brussels BÉLGICA

The Office raised an objection on 10/08/2018 pursuant to Article 7(1)(b)(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 assessment of descriptiveness is based on how the relevant consumer would perceive the sign in relation to the goods and services for which protection is sought. The Office considers that the services in respect of which an objection has been raised belong to a highly specialised market sector. In the present case, the English-speaking consumer, namely a professional in the fields of commercial automation, facilities management, or information technology, would understand the sign as having the following meaning: a technology system usually implemented to control various aspects of a building, such as the lights, temperature, window shades, audio, video, etc. As such, the relevant consumers would perceive the sign as providing information regarding commercial automation systems. Therefore, the sign describes the kind and intended purpose of the services 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. Furthermore, signs that are commonly used in connection with the marketing of the services concerned are devoid of distinctive character.

Consequently, taken as a whole, the sign for which protection is sought is descriptive and devoid of any distinctive character, and is not capable of distinguishing the services to which an objection has been raised within the meaning of Article 7(1)(b) and (c) and Article 7(2) EUTMR.

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)(c) and Article 7(2) EUTMR, the application for European Union trade mark No 017936615 is hereby rejected for all the services 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.

Herbert JOHNSTON