Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 25/09/2020

TSIBANOULIS & SYNETAIROI

Omirou 18

GR-10672 Athina

GRECIA

Application No:	018235007
Your reference:
Trade mark:	AquaSan+
Mark type:	Figurative mark
Applicant:	MALIBU (TRADEMARKS) LTD 23 Dennis Lane Stanmore, Middlesex London, City of HA7 4JS REINO UNIDO

The Office raised an objection on 19/06/2020 pursuant to Article 7(1)(i) EUTMR because it found that the trade mark applied for contains an element that consists of an imitation from a heraldic point of view of an emblem that is of particular public interest, namely: a symbol protected under the Geneva Conventions and their additional protocols, that is to say, the red cross in this particular instance (https://www.icrc.org/en/war-andlaw/emblem):

Despite the sloping rendition of the red cross in the applicant’s sign, it does not prevent one from immediately thinking of the protected red cross, especially because the goods can have medical usage. It is therefore considered that the mark for which you seek protection would suggest to the public that a connection exists between the sign in question and the organisation concerned in the sense that the goods originate from, or are endorsed by, the red cross (10/07/2013, T-3/12, Member of €e euro experts, EU:T:2013:364, § 78).

The applicant failed to submit the requested authorisation from the competent authority of the relevant state or organisation within the time limit.

For the reasons set out in the letter of objection, and pursuant to Article 7(1)(i) EUTMR, the application for European Union trade mark No 018235007 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.

Fabrice ROBERTS