Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 30/08/2019

Arpe Patentes y Marcas, S.L.

C/Proción, 7, Edificio América II, Portal 2, 1ºC

E-28023 Madrid-Aravaca

Spain

Application No:	18038005
Your reference:
Trade mark:
Mark type:	Figurative mark
Applicant:	Zhiyong Wang Room 801,Tower C,Building 2,Ronghu Century Garden,Pingxin Avenue,Pinghu Street,Longgang District Shenzhen, Guangdong People’s Republic of China

The Office raised a partial objection on 20/05/2019 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 relevant consumers would perceive the sign as providing unambiguous information that the relevant goods are used for or capable of measuring and/or indicating miles. The sign consists of one, meaningful, verbal element and the public will not perceive any particular indication of commercial origin in the sign beyond the information conveyed, which merely serves to refer to one of the purposes or functions of the goods in question. This finding is not altered by the minimal stylization of the letters.

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 18 038 005 is hereby rejected for some of the goods claimed, namely, for pedometers; meters; time recording apparatus; quantity indicators; measures; surveying apparatus and instruments; fuel gauges in Class 9.

The application is allowed to proceed for the remaining goods.

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.

Ferenc GAZDA