Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 25/07/2019

VALEA AB

Lilla Bommen 3a

SE-405 23 Göteborg

SUECIA

Application No:	018053917
Your reference:	TG9414EU00
Trade mark:	ACTIVECARE DIRECT
Mark type:	Word mark
Applicant:	Volvo Construction Equipment AB Bolindervägen 100 SE-631 85 Eskilstuna SUECIA

The Office raised an objection on 17/05/2019 pursuant to Article 7(1)(b) and (c) EUTMR and Article 7(2) EUTMR because it found that the trade mark applied for is descriptive and devoid of any distinctive character, for the reasons set out in the attached letter.

The applicant did not submit any observations within he set time limit.

The Office maintains that the mark ‘ACTIVECARE DIRECT’ is descriptive and devoid of any distinctive character as it simply indicates that the applicant provides repair and maintenance services in an involved and positive way, and that the services are provided immediately, without delay.

The mark therefore describes the kind and quality of the services in question, and he way they are provided.

The Office also maintains that the mark is a promotional laudatory slogan, the function of which is to communicate a customer service statement.

For the abovementioned reasons, and pursuant to Article 7(1)(b) and (c) EUTMR and Article 7(2) EUTMR, the application for European Union trade mark No 18 053 917 is hereby rejected for the following services:

Class 37: Repair and maintenance services for construction machines.

The application is accepted for the remaining services, namely for:

Class 38: Telematics services, namely, telematic sending of information; electronic remote transmission of data; all of the foregoing services relating to construction machines.

Class 42: Remote monitoring of the functioning and use of construction machines.

According to Article 59 EUTMR, you have a right to appeal this decision. According to Article 60(1) EUTMR, notice of appeal must be filed in writing with the Office within two months of the date of notification of this decision. 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.

Anne-Lee KRISTENSEN