Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 04/09/2020

HGF LIMITED

8th Floor,

140 London Wall

London EC2Y 5DN

REINO UNIDO

Application No:	018228008
Your reference:	T300442EP/GES/JAPP
Trade mark:
Mark type:	Figurative mark
Applicant:	JusNano Inc. 366 North Broadway, PH-5 Jericho New York 11753 ESTADOS UNIDOS (DE AMÉRICA)

The Office raised an objection on 26/04/2020 pursuant to Article 7(1)(b) 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 appearance of the mark for which protection is sought does not depart significantly from the norms and customs of the relevant sector. End users will usually direct their attention more to the label or name of the product than to its product, in this particular case shape of molecular structure, related to the services claimed.

In particular, the sign for which protection is sought consists merely of a combination of presentational features of a molecular structure that would be seen by a professional in the field of nanotechnology, especially in nanochemistry, as typical a molecular structure or one of many molecular structures related to the services in question. This figurative sign is not markedly different from various basic shapes of molecular structures commonly used in trade for the services at issue; it is merely a variation thereof. Furthermore, the figurative sign resembles cyclohexane or and is one of possible ways how to draw it.

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) EUTMR, the application for European Union trade mark No 18 228 008 is hereby rejected for all the services 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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