Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 30/10/2020

MICHALSKI HÜTTERMANN & PARTNER PATENTANWÄLTE MBB

Speditionstraße 21

D-40221 Düsseldorf

GERMANY

Application No:	018240320
Your reference:	SD44551/ST
Trade mark:	Bench@Bedside
Mark type:	Word mark
Applicant:	STRATIFYER Molecular Pathology GmbH Werthmannstr. 1c D-50935 Köln GERMANY

The Office raised an objection on 18/06/2020 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.

The distinctive character of a trade mark is assessed in relation to the goods or services for which protection is sought and the perception of the relevant public. In the present case, the relevant English-speaking consumer, namely a professional in the field of scientific and medical research, would understand the sign as meaning ‘translational research with a specific focus on enhancing the application of evidenced-based patient care’. The sign applied for only informs consumers that the research is related to the specific translational research in e.g. cancer medicine or that goods in Class 9 are suitable for conducting such research.

The Office maintains its opinion that the sign for which protection is sought, ‘Bench@Bedside’, is 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 services of one undertaking from those of other undertakings.

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 18 240 320 is hereby rejected for all the goods and 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.

Marina TOMIĆ