Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 01/10/2019

MARKS & CLERK LLP

40 Torphichen Street

Edinburgh Edinburgh, City of EH3 8JB

United Kingdom

Application No:	18059914
Your reference:	DK/TE773280EMA
Trade mark:
Mark type:	Figurative mark
Applicant:	Walmart Apollo, LLC 702 Southwest 8th Street Bentonville Arkansas 72716 United States of America

The Office raised an objection on 28/05/2019 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 providing unambiguous information that the relevant goods can be used for or in relation to quick and easy scanning of barcodes and the relevant services comprising essentially retailing and electronic payment services use or offer a quick and easy barcode scanning option. Consumers will, therefore, not perceive any particular indication of commercial origin in the sign beyond the obvious information conveyed, which merely serves to highlight positive aspects and to inform them of the kind and purpose of the relevant goods and services. Given that the sign has a clear descriptive meaning, it is also devoid of any distinctive character and therefore objectionable under Article 7(1)(b) EUTMR, as it is incapable of performing the essential function of a trade mark, which is to distinguish the goods or services of one undertaking from those of other undertakings.

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 18 059 914 is hereby rejected for all the goods and services 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.

Ferenc GAZDA