Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 21/05/2020

MATHYS & SQUIRE LLP

Abbey House 32 Booth Street

Manchester Lancashire M2 4AB

REINO UNIDO

Application No:	018188514
Your reference:	T19238EU
Trade mark:	SIGNAL PLUS
Mark type:	Figurative mark
Applicant:	Design Blue Limited The Lab 7-8 Commerce Way Croydon CR0 4XA REINO UNIDO

The Office raised an objection on 03/03/2020 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.

The sign for which protection is sought, , would simply be perceived by the relevant public as a promotional laudatory slogan, 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 goods designed to prevent signal interference and/or enhance signal quality or anti-interference goods – enhance the (e. g. phone) signal quality.

Although the sign for which protection is sought contains certain figurative and stylised elements consisting of stylize signal bars and letters in bold, these elements are so negligible in nature that they do not endow the trade mark as a whole with any distinctive character. Those elements do not possess any feature regarding the way in which they are combined that allows the mark to fulfil its essential function in relation to the goods for which protection is sought.

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 18 188 514 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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