Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 27/03/2019

Aachen Resonance Holding

11 A Boulevard Joseph II

L-L-1840 Luxembourg

LUXEMBURGO

Application No:	017951222
Your reference:
Trade mark:	Cut Back
Mark type:	Word mark
Applicant:	Aachen Resonance Holding 11 A Boulevard Joseph II L-L-1840 Luxembourg LUXEMBURGO

The Office raised an objection on 24/09/2019 pursuant to Article 7(1)(b) 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 sign would simply be seen as a promotional indication that highlights positive aspects of the goods, namely, that they are medical apparatus and devices that can reduce costs in treatment due to their low cost, or that the impact of an incision is reduced through the operating way of the apparatus or device. The relevant consumer would not perceive the sign as a trade mark but as promotional information in relation to 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 Article 7(2) EUTMR, the application for European Union trade mark No 17 951 222 ‘Cut Back’ is hereby rejected for all the goods 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.

Elna ISAKSSON