Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 12/02/2020

büromöbelonline GmbH

Presselstr. 12

D-70191 Stuttgart

ALEMANIA

Application No:	018098117
Your reference:
Trade mark:
Mark type:	Figurative mark
Applicant:	büromöbelonline GmbH Presselstr. 12 D-70191 Stuttgart ALEMANIA

The Office raised an objection on 22/11/2019 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.

In the present case, the relevant German-speaking consumer would understand the sign as having the following meaning: office furniture sold online.

The goods in Class 16 can often be encountered in offices, for example in meeting rooms, so that they form part of the office furniture. The goods in Class 20 are office furniture according to their specifications. In the present case, the relevant consumers would perceive the sign as providing information that the goods in question are office furniture offered for sale via the internet. Therefore, notwithstanding the figurative element consisting of a green rectangle against which the word ‘online’ is depicted and the certain degree of stylisation of the verbal elements, namely the colours black and white of the words ‘büromöbel’ and ‘online’ respectively, the relevant consumer would perceive the sign as providing information about the kind of the goods in question and the place where they are offered.

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 18 098 117 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.

Ivo TSENKOV