Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 02/08/2019

GPI MARQUES

39, rue Fessart

F-92100 Boulogne-Billancourt

France

Application No:	18052307
Your reference:	269P/07/A/UE/19
Trade mark:
Mark type:	Figurative mark
Applicant:	Aisin Seiki Kabushiki Kaisha (also trading as Aisin Seiki Co., Ltd.) 2-1 Asahi-machi, Kariya-shi Aichi-ken Japan

The Office raised a partial objection on 17/05/2019 pursuant to Article 7(1)(b) and (c) 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 indicating that the goods are various types of apparatus using air as part of its essential method of operation. All the goods objected to rely on the use of air for drying, humidifying, evaporating, cooling or heating purposes, therefore, the public will not perceive any particular indication of commercial origin in the sign beyond the simple information conveyed as explained above. This finding is not altered by the slight stylization of the letters since this is not capable of adding distinctiveness or diverting consumer’s attention from the non-distinctive message of the sign. Consequently, taken as a whole, the sign for which protection is sought is devoid of any distinctive character, and is not capable of distinguishing the goods to which an objection has been raised within the meaning of Article 7(1)(b) 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 18 052 307 is hereby rejected for some of the goods and services claimed, namely for Air purifiers, electric; electric air purifiers for household purposes; airconditioning apparatus [for household purposes]; air-conditioning apparatus for industrial purposes; hair dryers; hand dryers; ventilating fans for household purposes; air conditioning installations for cars; air conditioners; ventilating fans for commercial use; laundry dryers, electric, for industrial purposes; dish drying machines for commercial use; household electrothermic appliances namely, electric humidifiers for household purposes, hair drying machines for beauty salon use; evaporators for chemical processing in Class 11.

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