Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 08/01/2019

TCRP International

Watergang 25

B-8380 Dudzele

BÉLGICA

Application No:	17 939 102
Your reference:
Trade mark:	RC PLUS
Mark type:	Word mark
Applicant:	TCRP International Watergang 25 B-8380 Dudzele BÉLGICA

The Office raised a partial objection on 17/08/2018 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.

The Office maintains that, taken as a whole, the compound of words ‘RC PLUS’ immediately informs consumers without further reflection that the goods applied for at issue in Class 28 are remote control, alternatively radio controlled toy vehicles which are activated by remote or radio control of extra quality or above average quality.

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 17 939 102 is hereby rejected in part for the following goods:

Class 28 Remote control toys; electronic remote controlled toys; remote-controlled toy vehicles; remote controlled flying toys; electronic remote controlled toy vehicles; remote controlled scale model vehicles.

The application may proceed for the remaining goods, namely:

Class 7 Servomotors.

Class 9 Batteries; rechargeable batteries; lithium batteries; lithium ion batteries; dry-cell batteries; power packs [batteries]; chargers for batteries; nickel-cadmium batteries; remote control receivers; remote control transmitters; remote controls for controlling electronic products; dry batteries; chargeable batteries; chargers for electric batteries; electronic speed controllers.

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