Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 15/06/2020

Grünecker Patent- und Rechtsanwälte PartG mbB

Leopoldstr. 4

D-80802 München

ALEMANIA

Application No:	018179703
Your reference:	EW39998-AF329isa
Trade mark:
Mark type:	Figurative mark
Applicant:	Techtronic Cordless GP 100 Innovation Way Anderson South Carolina 29621 ESTADOS UNIDOS (DE AMÉRICA)

The Office raised an objection on 16/01/2020 pursuant to Article 7(1)(b) 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 mark was found to be devoid of any distinctive character. The sign is a common graphic representation of a level of charge a battery has. The dots normally indicate the charge level or stages of battery charging. And the image of the battery placed on the left side of the representation reinforces the message, namely showing a battery symbol and its state of charge. The features of the mark applied for, taken alone or combined with each other, are not distinctive, because they simply represent a characteristic of the goods that are commonly used on the market. It follows that the representation in question cannot be sufficiently distinguished from other pictures/pictograms of this kind, it has nothing memorable in it, and will not enable the relevant public immediately and with certainty to distinguish the applicant’s goods from those of another commercial origin.

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) EUTMR, the application for European Union trade mark No 18 179 703 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.

Agnieszka WILKIEWICZ