Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 14/03/2019

Voltas IT

Inovaciju g. 3

LT-54469 Biruliskes

LITUANIA

Application No:	017972514
Your reference:
Trade mark:	Car assistant
Mark type:	Word mark
Applicant:	Voltas IT Inovaciju g. 3 LT-54469 Biruliskes LITUANIA

The Office raised an objection on 14/11/2018 pursuant to Article 7(1)(b) and (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.

It has been concluded that in the present case, the relevant consumers would perceive the sign as providing information that the goods, which are navigation, guidance, tracking, targeting, map making, safety, security, protection and signalling devices are intended to be used in cars and provides the driver with the assistance in respective areas, i.e. navigation, security, signalling, etc. In respect of the IT, science and technology services, the sign immediately inform consumers that these services provide consumer with IT related/technological support in the field of cars.

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.

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) and Article 7(2) EUTMR, the application for European Union trade mark No 17 972 514 is hereby rejected for all the goods and 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.

Sandra KASPERIŪNAITĖ