Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 12/09/2019

LEINWEBER & ZIMMERMANN

Viktualienmarkt 8

D-80331 München

Germany

Application No:	18080203
Your reference:	190275EM-CTZ
Trade mark:
Mark type:	Figurative mark
Applicant:	Citizen Tokei Kabushiki Kaisha also trading as Citizen Watch Co., Ltd. 1-12, 6-chome , Tanashi-cho, Nishi-tokyo-shi Tokyo Japan

The Office raised an objection on 26/06/2019 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.

The relevant consumers would perceive the sign as providing unambiguous information that the relevant goods provide or are used in relation to – telephone or internet – connection. Therefore, the sign merely describes one of the purposes and features of the goods in question. The minimal stylization of the letters is not sufficient to confer on the sign any distinctiveness either.

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 18 080 203 is hereby rejected in its entirety.

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