Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 24/09/2019

POTTHAST & SPENGLER, PATENTANWÄLTE PARTNERSCHAFTSGESELLSCHAFT MBB

Am Olligsmaar 18

D-52399 Merzenich

ALEMANIA

Application No:	18 035 019
Your reference:
Trade mark:	See and hear the difference
Mark type:	Word mark
Applicant:	VIEWSONIC CORPORATION 10 Pointe Drive Brea 92821 ESTADOS UNIDOS (DE AMÉRICA)

The Office raised an objection on 17/04/2019 pursuant to Article 7(1) EUTMR because it found that the trade mark applied for is not eligible for registration under Article 7(1)(b) and Article 7(2) EUTMR, for the reasons set out in the attached letter, which forms an integral part of this decision.

Upon request of 14/06/2019 by the applicant, the Office extended on 17/06/2019 the time limit for submitting observations with two/2 months till 17/08/2019.

The Office maintains that the relevant public would simply perceive the expression, composing the sign, ‘See and hear the difference’, as a promotional laudatory message or slogan, the function of which is to communicate a value statement or a value statement in relation to the goods applied for. Moreover, whilst accepting that a mark may be understood as both a promotional formula and an indication of commercial origin, in the present case the relevant public will not tend to perceive in the sign any particular indication of commercial origin beyond the promotional information conveyed, which merely serves to highlight positive aspects of the goods concerned, namely that these products provide a distinctively higher quality in relation to, e.g., video and audio performance compared to products from other undertakings.

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 18 035 019 is hereby rejected in part for all the goods, namely:

Class 9 Projector; video projectors; projector screens; televisions; video screens; computer monitors; computer screens; digital photo frame; computers; tablet pc; notebook computers; computer hardware; telephones; video telephones; mobile phones; electronic pens; electronic notice boards, computer peripheral devices; downloadable computer software applications for downloading photographs, videos, text and music; portable media players; smart phones; digital media streaming devices; USB blank flash drives. wireless networks and gateways for collection and management of data; gateway routers in the nature of computer control hardware; broadband gateway routers in the nature of computer control hardware; network gateway routers in the nature of computer control hardware.

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.

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