Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 06/03/2020

CABINET WEINSTEIN

176 Avenue Charles de Gaulle

F-92200 NEUILLY SUR SEINE

FRANCIA

Application No:	018014109
Your reference:	FL/MA47130
Trade mark:	efficiency through simplicity
Mark type:	Word mark
Applicant:	DENTIUM CO., LTD (Dongsung Buildings, Samsung-dong), 3rd Floor, 21, Teheran-ro 87-gil, Gangnam-gu, Seoul REPÚBLICA DE COREA (LA)

The Office raised an objection on 25/11/2019 pursuant to Article 7(1)(b) 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 Office maintains that, taken as a whole, the sign applied for, ‘efficiency through simplicity’, would simply be perceived by the relevant public as a promotional laudatory slogan, merely serving to highlight positive aspects of the goods in question, namely that they are designed, built and/or produced in a way to be operated and/or used in a simple, uncomplicated way allowing to achieve the respective tasks successfully without wasting time or energy. Therefore, the sign in question is devoid of any distinctive character within the meaning of Article 7(1)(b) and Article 7(2) EUTMR.

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 Article 7(2) EUTMR, the application for European Union trade mark No 18 014 109 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.

Robert KLECUN