Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 14/02/2019

INERATEC GmbH

Siemensallee 84

D-76187 Karlsruhe

ALEMANIA

Application No:	017975900
Your reference:
Trade mark:	e-kerosene
Mark type:	Word mark
Applicant:	INERATEC GmbH Siemensallee 84 D-76187 Karlsruhe ALEMANIA

The Office raised an objection on 23/11/2019 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.

When applied to the goods and services at issue, the expression “e-kerosene” will be understood as reference to e-fuels, namely, kerosene which are environmentally-friendly and/or synthetic. The development of e-fuels and “e-kerosene” and similar renewable fuels is increasing constantly.

The sign for which protection is sought is descriptive and devoid of any distinctive character, and is not capable of distinguishing the goods and services to which an objection has been raised within the meaning of Article 7(1)(b) and (c) and Article 7(2) EUTMR.

The applicant failed to submit observations within the time limit.

Upon further examination, the Office decided to maintain the objection.

Since no further arguments have been presented nor further evidence has been submitted, the Office refers in full to the objection letter.

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 the above mentioned International Registration is hereby rejected for the European Union 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.

Alma - Lydia HASSENPFLUG EZQUERRO