Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 26/05/2020

André Guerreiro Rodrigues

Rua do Farol, 394, 3º Dto, Bairro do Rosário

P-2750-341 Cascais

PORTUGAL

Application No:	018197000
Your reference:
Trade mark:	QUICKSWAP
Mark type:	Word mark
Applicant:	Freewell Industry Co.,Ltd Unit 04,7/F,Bright Way Tower, No. 33 Mong Kok Road Kowloon REGIÓN ADMINISTRATIVA ESPECIAL DE HONG KONG DE LA REPÚBLICA POPULAR DE CHINA

The Office raised an objection on 26.02.2020 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.

The Office maintains that, taken as a whole, the word ‘QUICKSWAP’ immediately informs consumers without further reflection that the goods applied for are camera filters which can be quickly replaced or changed. The goods are easily changed/easy to use. Therefore, the mark conveys obvious and direct information regarding the nature, quality and intended purpose of the goods in question.

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 018197000 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.

Helen BIRCH