Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 28/08/2019

Isabelle Bertaux

55 rue Ramey

F-75018 PARIS

FRANCIA

Application No:	018034707
Your reference:	IBE2019TM211
Trade mark:	ECOGREENENERGY
Mark type:	Word mark
Applicant:	NINGBO FOUR SEASONS SCIENCE&TECHNOLOGY CO., LTD ROOM 5103 NO.49 CHANGXIN ROAD YANGMING STREET YUYAO REPÚBLICA POPULAR DE CHINA

With the notification dated 10/05/2019 (attached) the applicant was informed that the sign applied for cannot be registered under Article 7(1)(b), (c) and 7(2) EUTMR.

With the notice the applicant was given opportunity to submit observations in reply. Pursuant to Article 94 EUTMR, it is up to the Office to take a decision based on reasons or evidence on which the applicant has had an opportunity to present its comments.

The Office noted in the letter of objection that the relevant consumers would perceive the sign as providing information e.g. that the goods in question operate by using environmentally friendly energy or are intended to/comply with such goods, or that the goods at hand are produced by using environmentally friendly energy or otherwise support the use of green energy. Therefore, the sign describes the quality and/or other characteristics of the goods in question, such as the way they are produced or the way they operate.

The Office has not received any observations within the specified time limit. Consequently further argumentation is superfluous and the application is rejected for the reasons as stated in the above notice pursuant to Article 7(1)(b), (c) and 7(2) EUTMR 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.

Paivi Emilia LEINO