Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 13/11/2020

ARPE PATENTES Y MARCAS, S.L.

C/Proción, 7, Edificio América II, Portal 2, 1ºC

E-28023 Madrid-Aravaca

ESPAÑA

Application No:	018270524
Your reference:
Trade mark:	NIGHT DRIVING
Mark type:	Word mark
Applicant:	Qipeng Huang No. 69 Gaoxiong Road, Siming District, Xiamen, Fujian 361001 REPÚBLICA POPULAR DE CHINA

The Office raised an objection on 02/09/2020 pursuant to Article 7(1)(b) and (c) 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.

It was stated that in the present case, the relevant consumers would perceive the sign as providing information that sunglasses, in addition to UV protection, are designed to improve the wearers vision when driving at night. In case of cases, chains and cords, the sign immediately informs consumers that these accessories are designed for night driving glasses. Therefore, the sign describes the kind and intended purpose of the goods in question.

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, the application for European Union trade mark No 18 270 524 is hereby rejected for all the 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.

Sandra KASPERIŪNAITĖ