Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 28/08/2019

PillDose AB

c/o HRD Partners, Norrlandsgatan 20

SE-111 43 Stockholm

SUECIA

Application No:	018053920
Your reference:
Trade mark:	Dose Medbox
Mark type:	Word mark
Applicant:	PillDose AB c/o HRD Partners, Norrlandsgatan 20 SE-111 43 Stockholm SUECIA

The Office raised an objection on 14/05/2019 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 consider that the sign “Dose Medbox” is a medical box, which contains appropriate dosages of medicine. Pill boxes with split sections for calculated doses of medicine to be taken on a certain day or an hour are common on the medical market. This also applies to software, which is commonly used to calculate correct dosage of the medication. Even though the word “medbox” is not a word to be found in the dictionary the relevant public would understand that “med” is an abbreviation for “medical” as this is a common way to abbreviate the word. Therefore, the sign describes the kind and intended purpose of the goods in question.

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) and Article 7(2) EUTMR, the application for European Union trade mark No 018 053 920 is hereby rejected for all the goods claimed, namely:

Class 9 Software; Software applications.

Class 11 Pill boxes for personal use.

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.

Enclosures (excluding the cover letter): L110 notification, 3 pages.

Richard THEWLIS