Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 12/09/2019

WAGNER ALBIGER & PARTNER Patentanwälte mbB

Siegfried-Leopold-Str. 27

D-53225 Bonn

ALEMANIA

Application No:	018061007
Your reference:	19086M/EU
Trade mark:	Retractorpad
Mark type:	Word mark
Applicant:	Mondomed N.V. Middenweg 20 B-3930 Hamont-Achel BÉLGICA

The Office raised an objection on 27/06/2019 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.

In summary, the relevant consumers would perceive the sign as providing information that the abdominal pads for surgical use have a retractor function, being used for holding soft tissue away from the operative area and to absorb blood and/or fluids during surgery. 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 018061007 is hereby rejected for all the goods 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.

Maureen FELLEMANS