Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 30/09/2019

BECKER KURIG STRAUS

Bavariastr. 7

D-80336 München

ALEMANIA

Application No:	18 052 520
Your reference:	65569EM
Trade mark:
Mark type:	Figurative mark
Applicant:	Okia Optical Company Limited Unit D, 5/F., Hong Kong Spinners Industrial Building, Phase 5, 760-762 Cheung Sha Wan Road, Kowloon Hong Kong REGIÓN ADMINISTRATIVA ESPECIAL DE HONG KONG DE LA REPÚBLICA POPULAR DE CHINA

The Office raised an objection on 07/06/2019 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 (c) EUTMR, for the reasons set out in the attached letter, which forms an integral part of this decision.

The Office maintains that, taken as a whole, the following figurative mark

• consisting of a [water] bottle in a horizontal position with two arrowheads

pointing at a pair of spectacles - immediately informs consumers without further reflection that the goods in class 9 - various glasses, spectacles, sunglasses, etc. – are made from recycled plastic material such as water bottles.

Therefore, the mark conveys obvious and direct information regarding the quality and/or material of the goods in question.

Moreover, the relevant public would perceive the sign

as containing a promotional message, the function of which is to communicate a an environmental value statement or a motivational statement in relation to the goods at issue.

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 are made of recycled material, in casu plastic water bottles, being converted into eco-friendly and sustainable eyewear products.

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 (c) EUTMR, the application for European Union trade mark No 18 052 520 is hereby rejected for all the goods, namely:

Class 9 Anti-glare glasses; goggles for sports; prescription goggles for sports; spectacle cases; eyeglasses; eyeglass frames; spectacle frames; pince-nez; sunglasses; spectacle lenses.

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.

Finn PEDERSEN