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OPERATIONS DEPARTMENT |
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L123 |
Refusal of application for a European Union trade mark
(Article 7 and Article 42(2) EUTMR)]
Alicante, 31/01/2019
iLogoTech GmbH
Hohenfelder Street 22
D-22087 Hamburg
ALEMANIA
Application No: |
017951624 |
Your reference: |
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Trade mark: |
DasWatt
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Mark type: |
Word mark |
Applicant: |
iLogoTech GmbH Hohenfelder Street 22 D-22087 Hamburg ALEMANIA |
The Office raised an objection on 02/10/2018 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 for which protection is sought, DasWatt, would simply be perceived by the relevant public as in the International System of Units, the derived unit of power; the power of a system in which one joule of energy is transferred per second. Symbol: W. Moreover, in the present case, the relevant public will not tend to perceive any particular indication of commercial origin in the sign beyond the unit of power in which the energy is provided.
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 17 951 624 is hereby rejected
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.
Agueda MAS PASTOR
Avenida de Europa, 4 • E - 03008 • Alicante, Spain
Tel. +34 965139100 • www.euipo.europa.eu