Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 25/04/2019

AKZO NOBEL N.V. INTELLECTUAL PROPERTY DEPARTMENT

Postbus 9300

NL-6800 SB Arnhem

PAÍSES BAJOS

Application No:	018010819
Your reference:	42464-EM-1
Trade mark:
Mark type:	Three-dimensional
Applicant:	Akzo Nobel Coatings International B.V. c/o Akzo Nobel Nederland B.V. Postbus 9300 6800 SB Arnhem PAÍSES BAJOS

The Office raised an objection on 15/02/2019 pursuant to Article 7(1)(e)(ii)(iii) EUTMR because it found that the trade mark applied for is partially not eligible for registration, for the reasons set out in the attached letter, which forms an integral part of this decision.

The characteristics of the device, being a paint reservoir combined with a paint roller, in which the shape mark consists, perform a technical function in relation to the objected goods under Art. 7(1)(e)(ii) EUTMR, and for part of these goods in class 16, additionally, the shape gives substantial value to these goods under Art. 7(1)(e)(iii).

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)(e)(ii)(iii) EUTMR , the application for European Union trade mark No 018 01 08 19 is hereby rejected for the following goods:

Class  2 Paints; coatings; varnishes; lacquers; thinners; coloring matters all being

additives for paints, varnishes or lacquers; preservatives against rust and against deterioration of wood; priming preparations (in the nature of paints); wood stains

Class 16 Handheld instruments for painting; painting apparatus; brushes and other

suchlike devices for applying paint, glues, sealants and oils included in this class; paint brushes; paint rollers; sponges for use in applying paint; paint roller trays; paint roller sleeves.

The application may proceed for the remaining goods namely:

Class 16 Stencils for use in painting; palettes; adhesive masking tape; adhesives for household purposes; stationery; printed matter; printed publications all relating to painting or the decoration and furnishing of buildings.

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.

Carine CEELEN