Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 29/06/2020

Jiongjie MA

CALLE GUZMAN EL BUENO 133 9D EDIFICIO BRITANIA

E-28003 MADRID

ESPAÑA

Application No:	018216716
Your reference:
Trade mark:	SZBHSKJ
Mark type:	Word mark
Applicant:	Shenzhen Baohuashun Technology Co., Ltd. No. 223, No. 8 South Lane, Xinshiqiao Street, Guihua Community, Guanlan Street, Longhua District Shenzhen REPÚBLICA POPULAR DE CHINA

The Office raised an objection on 08/04/2020 pursuant to Article 7(1) EUTMR because it found that the trade mark applied for is not eligible for registration under Article 7(1)(b) EUTMR and Article 7(2) EUTMR, for the reasons set out in the attached letter, which forms an integral part of this decision.

The Office maintains that the sign is non distinctive under Article 7(1)(b) EUTMR.

The applicant failed to submit observations within the time limit.

The overall complexity of the sign does not allow the individual details of the sign applied for to be committed to memory; or the sign applied for taken as a whole, to be apprehended. The mark sought, taken as a whole, does not possess sufficient distinctive value.

Although registration of a sign as a trade mark is not subject to a finding of a specific degree of inventiveness on the part of the trade mark proprietor, the trade mark under consideration should enable the relevant public to identify the goods protected thereby and to distinguish them from those of other undertakings. The Office finds that the sign cannot be easily and instantly recalled by the targeted public as a distinctive sign as a result of its complexity.

The sign for which protection is sought, SZBHSKJ, would be perceived by the relevant public as an unmemorable sequence of letters and therefore the relevant public will not tend to perceive it as a particular indication of commercial origin.

Therefore, the sign in question is devoid of any distinctive character within the meaning of Article 7(1)(b) EUTMR and Article 7(2) EUTMR. For the reasons set out in the letter of objection, and pursuant to Article 7(1) EUTMR, the application for European Union trade mark No 018216716 is hereby rejected for all the goods applied for.

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.

Wolfgang SCHRAMEK