Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 11/12/2019

FORRESTERS

Skygarden Erika-Mann-Str. 11

D-80636 Munich

ALEMANIA

Application No:	018122724
Your reference:	T36669EM-SJW/DEM/jn
Trade mark:	Xtra
Mark type:	Word mark
Applicant:	Huawei Technologies Co., Ltd. Administration Building Huawei Technologies Co., Ltd. Bantian, Longgang District Shenzhen, Guangdong 518129 REPÚBLICA POPULAR DE CHINA

The Office raised an objection on 30/09/2019 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 the present case, the relevant English-speaking consumer would understand the sign as having the following meaning: being more than what is usual or expected.

The word ‘xtra’ contained in the trade mark applied for will be perceived by the relevant consumers as a misspelling of the word ‘extra’. Moreover, these two word are pronounced identically (27/05/1998, R 20/97-1, XTRA, § 16).

The sign for which protection is sought, ‘Xtra’, would simply be perceived by the relevant public as a promotional laudatory message, the function of which is to communicate a value statement. Moreover, in the present case, the relevant public will not tend to perceive any particular indication of commercial origin in the sign beyond the promotional information conveyed, which merely serves to highlight positive aspects of the goods in question, namely that they are superior to the goods of the competitors.

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 18 122 724 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