Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 25/09/2020

BrightCharger Europe Ltd Oy

Erkintie 18

FI-40930 Kinkomaa

FINLANDIA

Application No:	018238817
Your reference:
Trade mark:	BE IN CHARGE
Mark type:	Word mark
Applicant:	BrightCharger Europe Ltd Oy Erkintie 18 FI-40930 Kinkomaa FINLANDIA

The Office raised an objection on 27/05/2020 pursuant to Article 7(1)(b) 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.

In summary, the Office found in relation to the sign applied for, the relevant public will not tend to perceive any particular indication of commercial origin in the sign beyond the promotional information conveyed, which merely serves to highlight positive aspects of the services in question, namely that the consumer would also be in charge and in control by making a positive choice in using the services.

The slogan ‘BE IN CHARGE’ although could be an attempt of making a wordplay, considering the services of ‘repair of charging apparatus and instruments’ offered by the applicant, it lacks ingenuity and would be merely perceived as a motivational statement meant to entice the consumer to take charge and use the services.

Therefore, the slogan does not contain anything unusual and would be understood as a banal statement. In this regard, the elements that compose the mark applied for would not make the sign distinctive because it cannot be perceived by the relevant public as an indication of commercial origin of the applicant´s services and so as to enable the relevant public to distinguish, without a possibility of confusion, the applicant´s services from those of a different commercial origin.

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 Article 7(2) EUTMR, the application for European Union trade mark No 018 238 817 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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