Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 15/10/2019

REDL LIFE SCIENCE PATENT ATTORNEYS

Gerda Redl

Donau-City-Str. 11

A-1220 Wien

AUSTRIA

Application No:	018092401
Your reference:	AL002EUtm
Trade mark:	PATIENT CENTRIC DRUG DISCOVERY
Mark type:	Word mark
Applicant:	Allcyte GmbH Campus-Vienna-Biocenter 5 A-1030 Vienna AUSTRIA

The Office raised an objection on 30/07/2019 pursuant to Article 7(1)(b) 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 public, namely English-speaking professionals in the fields of medicine, biotechnology and pharmacology, would perceive the sign ‘PATIENT CENTRIC DRUG DISCOVERY’ as an abstract promotional laudatory slogan. The sign only provides broad laudatory message that discovery of new medicines for patients could be done using applied for goods in class 1 and 9 and via applied for services in class 42. Therefore, the relevant public first and foremost will perceive promotional or advertising information of the mark, rather than see it as an indication of the commercial origin of the goods and services in question. Thus, the sign is devoid of distinctive character within the meaning of Article 7(1)(b) and Article 7(2) EUTMR.

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 18092401 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.

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