Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 13/11/2019

CSL Behring GmbH

Frank Schöne de la Nuez

Emil-von-Behring-Strasse 76

D-35041 Marburg

ALEMANIA

Application No:	018082306
Your reference:
Trade mark:	Haemophilia data in a real world setting
Mark type:	Word mark
Applicant:	CSL Behring GmbH Emil-von-Behring Str. 76 D-35041 Marburg ALEMANIA

The Office raised an objection on 18/07/2019 pursuant to Article 7(1)(b) and Article 7(2) EUTMR because it found that the trade mark applied for, ‘HAEMOPHILIA DATA IN A REAL WORLD SETTING’, is not eligible for registration, for the reasons set out in the attached letter, which forms an integral part of this decision.

In the present case, the mark was found to be devoid of any distinctive character because the English-speaking consumer would perceive the sign as promoting an offer of accurate and accessible healthcare information and education about blood conditions, medicines and treatments, on the basis of haemophilia-related data.

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 Article 7(2) EUTMR, the application for European Union trade mark No 18 082 306, ‘HAEMOPHILIA DATA IN A REAL WORLD SETTING’, 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.

Agnieszka WILKIEWICZ