Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 11/10/2019

Proviz Ltd

Ebenezer House, Ryecroft

Newcastle Staffordshire ST5 2BE

REINO UNIDO

Application No:	018095305
Your reference:
Trade mark:	LED360
Mark type:	Figurative mark
Applicant:	Proviz Ltd Ebenezer House, Ryecroft Newcastle Staffordshire ST5 2BE REINO UNIDO

The Office raised an objection on 24/07/2019 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.

In summary, the relevant public, namely the relevant English-speaking consumers would perceive the sign as providing information that the goods for which protection is sought are LED (light-emitting diode) lights and these lights provide 360 degrees visibility. Therefore, the sign describes the kind and intended purpose of the goods in question. Moreover, the relevant consumer, notwithstanding certain figurative elements consisting mainly of a word element ‘LED’ written in a slightly stylized font and a numerical element ‘360’ written in a basic/standard typeface placed inside a simple frame, would perceive the sign as providing information about the goods in question. The combination of all elements (figurative, word, numerical) will not endow distinctiveness to a sign and will not be sufficient to deflect the consumer‘s attention from the descriptive/non-distinctive meaning of the sign. Consequently, taken as a whole, the sign has a clear descriptive meaning and thus devoid of any distinctive character and is not capable of distinguishing the goods in question. Furthermore, signs that are commonly used in connection with the marketing of the goods concerned are devoid of distinctive character.

The holder 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 18095305 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.

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