Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 18/08/2020

Brimondo AB

Kvarnbergsgatan 2

SE-41105 Göteborg

SUECIA

Application No:	018224524
Your reference:
Trade mark:	Filtersun
Mark type:	Word mark
Applicant:	Dongguan Filtersun Filter Co., Ltd. NO.80, Liangping Rd., Xinjiuwei Community, Liaobu Town Dongguan, Guangdong 523000 REPÚBLICA POPULAR DE CHINA

The Office raised a partial objection on 27/04/2020 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 application is for the word mark ‘Filtersun’. The sign for which registration is sought describes certain characteristics of the following goods:

Class 10: Surgical drapes; compression garments; orthopedic support bandages; masks for use by medical personnel; clothing especially for operating rooms; sanitary masks for medical purposes.

The Office maintains its opinion that the relevant English-speaking consumer would understand the sign as having the following meaning: goods offering protection from the sun, or goods that allow the light received from the sun to enter slowly or in small quantities; sunlight-filtering goods; goods that are enhanced with features that block sunlight.

In the notice of grounds for refusal, the Office provided the following dictionary definitions for the words constituting the sign:

filter ‘(of light or sound) enter a place slowly or in small quantities’ (information extracted from Oxford Dictionaries on 27/04/2020 at https://premium.oxforddictionaries.com/definition/english/filter ).

sun ‘the light or warmth received from the earth’s sun’ (information extracted from Oxford Dictionaries on 27/04/2020 at https://premium.oxforddictionaries.com/definition/english/sun ).

The sign will be easily understood by the relevant consumers as informing them that the goods will allow the light received from the sun to enter slowly or in small quantities, and that the goods are enhanced with features that block sunlight, or are made from fabrics that give protection from sunlight.

It is clear that the sign, with respect to the abovementioned goods, is an exclusively descriptive indication within the meaning of Article 7(1)(c) and Article 7(2) EUTMR as it refers only to the kind, quality, intended purpose and features of the goods in question.

Given that the sign has a clear descriptive meaning, it is also devoid of any distinctive character and therefore objectionable under Article 7(1)(b) EUTMR, as it is incapable of performing the essential function of a trade mark, which is to distinguish the goods or services of one undertaking from those of other undertakings.

The applicant failed to submit observations. 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 18 224 524 ‘Filtersun’ is hereby rejected for the following goods:

Class  10 Surgical drapes; compression garments; Orthopedic support bandages; masks for use by medical personnel; clothing especially for operating rooms; sanitary masks for medical purposes.

The application may proceed for the following goods:

Class  7 Air filters for automobile engines; Hydraulic engines and motors; Oil separators; Filters for cleaning cooling air, for engines; Fuel filters; Cartridges for filtering machines; Filters for motors and engines; Electromechanical machines for chemical industry; Filtering machines; Oil filters.

Class  10 Body composition monitors; massage apparatus; X-ray apparatus for medical purposes; Surgical apparatus and instruments for medical use.

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.

Roxana PISLARU