Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 06/03/2019

LAMBERT & ASSOCIES

18, avenue de l'Opera

F-75001 Paris

FRANCIA

Application No:	17 955 307
Your reference:
Trade mark:	Hidden Fingerprint Unlock
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 a partial objection on 11/10/2018 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 words ‘Hidden Fingerprint Unlock’’ immediately inform consumers without further reflection that the goods at issue in class 9 - fingerprint imagers; fingerprint scanners; biometric fingerprint readers; biometric fingerprint scanners – incorporate the feature of being able to be activated or unlocked by putting your thumb or fingerprint on a hidden fingerprint sensor under e.g. the display.

Therefore, the mark conveys obvious and direct information regarding the kind and quality – including a hidden unlock feature - 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 17 955 307 is hereby rejected in part for the following goods:

Class 9 Fingerprint imagers; fingerprint scanners; biometric fingerprint readers; biometric fingerprint scanners.

The application may proceed for the remaining goods, namely:

Class 9 Data processing equipment; integrated circuit cards [smart cards]; smart cards [integrated circuit cards]; optical data media; smartglasses; smartwatches; touch screen pens; smarty ring; personal digital assistants (pdas); interactive touch screen terminals; chronographs [time recording apparatus]; face recognition device; biometric scanners; blinkers [signalling lights]; photography darkroom lamps; signalling lamps; aerials; intercommunication apparatus; navigational instruments; optical communication instruments; wearable activity trackers; video telephones; cell phones; smartphones; mobile telephones; smartphones in the shape of a watch; covers for cell phones; cases for cell phones; screen protector for mobile devices; cell phone straps; mobile phone holders; selfie sticks for use with smartphones; keyboards for mobile phones; cabinets for loudspeakers; wireless personal area network speakers; headset; headphones; headsets for mobile telephones; wireless headsets for smartphones; wireless personal area network headsets; camcorders; virtual reality headsets; wearable video display monitors; cameras; enlarging apparatus [photography]; speed measuring apparatus [photography]; selfie sticks [hand-held monopods]; selfie lenses; surveying apparatus and instruments; gauges; optical apparatus and instruments; materials for electricity mains [wires, cables]; cables, electric; telephone wires; usb cables; semi-conductors; printed circuits; electronic chip; electromagnetic coils; semiconductor apparatus; connections, electric; switches, electric; low voltage power supply; electrical adapters; video screens; touch screen; eyeglasses; 3d spectacles; batteries, electric; chargers for electric batteries; mobile power (rechargeable battery); mobile phone battery; diaphragms [photography]; computer software used for image editing, image processing, image acquisition, image file management, image viewing, image sharing, and the creation of documents incorporating images; optical character recognition apparatus; software for optical character recognition; photographic filters; optical filters; multipurpose cameras; digital cameras; apparatus for recording, transmission or reproduction of sound or images; distance measuring apparatus; encoded electronic chip cards.

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