Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 08/10/2019

RITTERSHAUS RECHTSANWÄLTE PARTNERSCHAFTSGESELLSCHAFT mbB

Harrlachweg 4

D-68163 Mannheim

ALEMANIA

Application No:	018094710
Your reference:	MS/02389/19
Trade mark:	ACTIVEEDR
Mark type:	Word mark
Applicant:	Sentinel Labs, Inc. 605 Fairchild Drive Mountain View California 94043 ESTADOS UNIDOS (DE AMÉRICA)

The Office raised an objection on 01/08/2019 pursuant to Article 7(1)(b)(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 Office considers that the goods and services in respect of which an objection has been raised belong to a highly specialised market sector. In the present case, the English-speaking consumer, namely a professional in the field of IT, would understand the sign as having the following meaning: An endpoint detection and response, which is active and present.

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)(c) and Article 7(2) EUTMR, the application for European Union trade mark No 18 094 710 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.

Alistair BUGEJA