Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 07/06/2019

Niko Group nv

An De Vrieze

Industriepark-West 40

B-9100 Sint-Niklaas

BÉLGICA

Application No:	018024806
Your reference:	N19-010_5
Trade mark:	Contrôlez parfaitement votre maison à chaque instant.
Mark type:	Word mark
Applicant:	Niko Group nv Industriepark West 40 B-9100 Sint-Niklaas BÉLGICA

The Office raised an objection on 22/02/2019 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, ‘Contrôlez parfaitement votre maison à chaque instant.’, would simply be perceived by the relevant public as a promotional laudatory slogan, merely serving to highlight positive aspects of the goods and services in question, namely that they will allow or enable their consumers to control their house/home perfectly at all times. 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 18 024 806 is hereby rejected 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.

Robert KLECUN