Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 10/08/2020

Mastermark Oy

Ravurinkatu 37

Fi-20380 Turku

FINLANDIA

Application No:	018235118
Your reference:
Trade mark:
Mark type:	Figurative mark
Applicant:	Mastermark Oy Ravurinkatu 37 Fi-20380 Turku FINLANDIA

The Office raised an objection on 22/05/2020 pursuant to Article 7(1)(b) and (c) EUTMR 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 the relevant consumers would perceive the sign as providing information that the goods will protect consumers from risk or harm. Therefore, the relevant consumer, notwithstanding certain figurative elements, would perceive the sign as providing information about the intended purpose of the goods in question.

Also, applied to the goods in question, the sign would merely be perceived by the relevant consumer as information ensuring that by wearing or using the products in question, the consumer will be protected from any risk or harm, such as risk from contracting a virus or harm from a potential accident.

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) EUTMR and Article 7(2) EUTMR, the application for European Union trade mark No 018235118 is hereby rejected for all the goods claimed, namely for:

Class 3 Hand gels.

Class 5 Antibacterial wipes.

Class 9 Face-protection shields; Gloves for protection against accidents.

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.

Cecilia ÅLIN