Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 22/09/2020

André Guerreiro Rodrigues

Rua do Farol, 394, 3º Dto, Bairro do Rosário

P-2750-341 Cascais

PORTUGAL

Application No:	018241020
Your reference:
Trade mark:
Mark type:	Figurative mark
Applicant:	MAXCLEAN TECHNOLOGY (WUXI)CO.,LTD. Block C13, 5-Term, Shuofang Industrial Park, New District WUXI JIANGSU REPÚBLICA POPULAR DE CHINA

The Office raised an objection on 16/06/2020 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.

In summary, the sign would be perceived by the relevant public as promotional information which merely serves to highlight that the goods in question provide the highest possible level of cleanliness.

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 018241020 is hereby rejected for the following goods:

Class 03 Beauty masks; Cloths impregnated with a detergent for cleaning; Chemical cleaning preparations for household purposes; Polishing paper; Wipes incorporating cleaning preparations; Tissues impregnated with preparations for cleaning; Washing liquids; Washing-up detergent; Cleansers for intimate personal hygiene purposes, non medicated.

Class 05 Sanitary towels; Cotton swabs for medical purposes; Tissues impregnated with pharmaceutical lotions; Sanitary napkins; Sanitary pads; Cotton sticks for medical purposes; Alcohol for pharmaceutical purposes; Disinfectants; Disinfectants for hygiene purposes; Surgical dressings.

Class 10 Masks for use by medical personnel; Patient examination gowns; Sanitary masks for medical purposes; Clothing especially for operating rooms; Gloves for medical purposes; Ear picks.

Class 16 Paper wipes for cleaning; Face towels of paper; Towels of paper; Filter paper; Filtering materials of paper; Paper bags for use in the sterilization of medical instruments; Paper for medical examination tables; Hygienic paper; Toilet paper; Paper.

Class 24 Face towels of textile; Tablemats of textile.

Class 27 Mats; Door mats; Non-slip mats; Vinyl floor coverings..

The application may proceed for the remaining goods.

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

Mary DESMOND