Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 30/01/2020

COHAUSZ & FLORACK Patent- und Rechtsanwälte Partnerschaftsgesellschaft mbB

Bleichstr. 14

D-40211 Düsseldorf

ALEMANIA

Application No:	018017705
Your reference:	UL/sr190156EU
Trade mark:	POWER INFORMATION NETWORK
Mark type:	Word mark
Applicant:	J.D. Power 3200 Park Center Drive Costa Mesa, California Delaware 92626 ESTADOS UNIDOS (DE AMÉRICA)

The Office raised a partial objection on 21/08/2019 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 application is for the word mark ‘POWER INFORMATION NETWORK’.

The sign applied for describes certain characteristics of the following services:

Class 35 Providing commercial data analytics, market research, business information, analyses, and real-time business data regarding automobiles and other vehicles.

Class 42 Providing on-line non-downloadable computer software and a website featuring such on-line non-downloadable computer software for accessing data analytics, market research, business information, analyses, and real-time data regarding automobiles and other vehicles.

The Office maintains its opinion that the relevant English-speaking consumer would understand the sign as having the following meaning: providing power-related information via a network.

In the notice of grounds for refusal, the Office provided the following dictionary definitions for the words constituting the sign:

power ‘capacity or performance of an engine or other device’ or ‘energy that is produced by mechanical, electrical, or other means and used to operate a device’ (information extracted from Oxford Dictionaries on 21/08/2019 at https://www.lexico.com/en/definition/power ).

information network ‘a service that provides a variety of information services to subscribers on a dial-up basis’ (information extracted from Encyclopedia THE FREE DICTIONARY on 21/08/2019 at https://encyclopedia2.thefreedictionary.com/information+network ).

The sign will be easily understood by the relevant consumers as informing them that the services against which an objection has been raised are offered via a network, and concern the provision of information regarding the power of automobiles or other vehicles, or that the services will enable the user to obtain power-related information using a network.

It is clear that the sign, with respect to the abovementioned services, is an exclusively descriptive indication within the meaning of Article 7(1)(c) and Article 7(2) EUTMR as it refers only to the kind, subject matter, intended purpose and the means of the rendering of the services in question.

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.

On 24/10/2019, the applicant requested an extension of the time limit to submit its observations in reply to the Office’s objection of 21/08/2019.

Despite the time limit being extended to 26/12/2019, the applicant failed to submit observations. 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 18 017 705 ‘POWER INFORMATION NETWORK’ is hereby rejected for the following services:

Class 35 Providing commercial data analytics, market research, business information, analyses, and real-time business data regarding automobiles and other vehicles.

Class 42 Providing on-line non-downloadable computer software and a website featuring such on-line non-downloadable computer software for accessing data analytics, market research, business information, analyses, and real-time data regarding automobiles and other vehicles.

The application may proceed for the following services:

Class 35 Market research and business information services; analysis of market research data and statistics.

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.

Roxana PISLARU