Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 07/07/2020

Kovered, Lda

Rua Cecílio de Sousa Nº 77 A

1200-100 Lisboa

PORTUGAL

Application No:	018192909
Your reference:
Trade mark:	Kovered
Mark type:	Word mark
Applicant:	Kovered, Lda Rua Cecílio de Sousa Nº 77 A 1200-100 Lisboa PORTUGAL

The Office raised an objection on 10/02/2020 pursuant to Article 7(1)(b), (c) and Article 7(2) EUTMR because it found that the trade mark applied for, in part, 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, as noted in the aforementioned notice, the relevant English-speaking consumer would understand the sign as the misspelling of the word ‘covered’.

In light of the above, the relevant consumers would perceive the sign as providing information that the services applied for, i.e. ‘Healthcare; Human healthcare services; Healthcare services’ in Class 44, are services covered by an insurance policy. In the case of ‘Medical and healthcare clinics’ in Class 44, that the services are provided by clinics, which are services covered by an insurance company. Therefore, the sign describes the nature and the characteristics of the services in question.

Given that the sign has a clear descriptive meaning, it is also devoid of any distinctive character.

In relation to the following services, i.e. ‘Insurance; Medical insurance; Travel insurance; Insurance agencies; Personal insurance services; Travel insurance services’ in Class 36 and ‘Rental of equipment for human healthcare’ in Class 44; the sign will be perceived as highlighting a positive aspect of the services in question, e.g. that medical, surgical or dental expenses, trip cancellations, lost luggage and flight accidents, bodily injury and property damage, equipment for human healthcare, are covered by insurance. Similarly, in the case of the remaining services, i.e. ‘Insurance information’ in Class 36 and ‘Healthcare information services; Healthcare advisory services; Healthcare consultancy services’, they will be perceived in the abovementioned positive aspect, i.e. that they consist of insurance information and/or healthcare information, advisory and consultancy services regarding what is/can be protected by insurance.

Consequently, taken as a whole, the sign for which protection is sought is, in part, descriptive and/or devoid of any distinctive character, and is not capable of distinguishing the services to which an objection has been raised within the meaning of Article 7(1)(b) and (c) and Article 7(2) EUTMR.

Pursuant to Article 94 EUTMR, it is up to the Office to take a decision based on reasons or evidence on which the applicant has had an opportunity to present its comments.

With the above notice (attached) the applicant was given opportunity to submit observations in reply. The Office has not received any observations within the specified time limit. Consequently, further argumentation is superfluous and the application for EUTM No 018192909 is hereby rejected, in part, for the reasons as stated in the above notice pursuant to Article 7(1)(b) and 7(2) EUTMR for the following services:

Class 36	Insurance; Medical insurance; Travel insurance; Insurance agencies; Insurance information; Personal insurance services; Travel insurance services.
Class 44	Healthcare; Healthcare information services; Healthcare advisory services; Healthcare consultancy services; Human healthcare services; Medical and healthcare clinics; Healthcare services; Rental of equipment for human healthcare.

The application may proceed for the following goods:

Class 9

Platform software; Computer software platforms; Software; Computer software; Interface software; Communications software.

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.

Jack CIEZA PASTOR