Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 23/07/2019

ARCADE & ASOCIADOS

C/ Isabel Colbrand, 6 - 5ª planta

E-28050 Madrid

Spain

Application No:	18007500
Your reference:	11574
Trade mark:
Mark type:	Figurative mark
Applicant:	Smart Filtration Solutions DMCC Level No 1, Unit No: 2008, DMCC Business Centre Dubai, United Arab Emirates

The Office raised an objection on 04/03/2019 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.

The relevant consumers would perceive the sign as providing unambiguous information in the form of a promotional message that the goods in question provide or are capable of an intelligent filtration method. The term ‘smart filtration solutions’ will be understood as being both intelligent in themselves and also as providing smart functionality. The combination of the verbal elements of the sign applied for results in no more than the sum of the descriptive meanings of the individual elements. This finding of descriptiveness is not altered by the presence of the sign’s figurative element as it is a very simple depiction of a drop of a liquid making a clear reference to the type or characteristic of the goods at issue. This element is, therefore, not capable of endowing the sign with the minimum distinctiveness necessary for it to function as a badge of commercial origin. For these reasons, the sign is also devoid of any distinctive character.

The applicant failed to submit observations within the – extended - time limit which expired on 04/07/2019. 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 18 007 500 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.

Ferenc GAZDA