Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 27/08/2019

Patentanwälte GEYER, FEHNERS & PARTNER mbB

Perhamerstr. 31

D-80687 München

ALEMANIA

Application No:	018047019
Your reference:	WZ4491/001-EU
Trade mark:	INSTATRIM
Mark type:	Word mark
Applicant:	Gregory A. Amundson 20575 St. Croix Trail North Scandia Minnesota 55073 ESTADOS UNIDOS (DE AMÉRICA)

With the notification dated 07/05/2019 (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 that the goods in question are trims that can be fitted instantly, e.g. without much effort. Therefore, the sign describes the kind and quality of the goods in question.

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.

Päivi Emilia LEINO