Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 07/12/2020

ADAMSONJONES

BioCity Nottingham Pennyfoot Street

Nottingham, Nottinghamshire NG1 1GF

REINO UNIDO

Application No:	018275414
Your reference:	290/6001TEU
Trade mark:	SAFESEAL
Mark type:	Word mark
Applicant:	Brightwake Limited Sidings Road, Low Moor Industrial Estate Kirkby in Ashfield, Nottinghamshire NG17 7JZ REINO UNIDO

The Office raised an objection on 18/08/2020 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.

In summary, the Office found that in the present case, the relevant consumers would perceive the sign as providing information that the goods for which the protection is sought in class 5 are all kind of medical wound dressings which serve to seal human and animal skin in a safe way and/or to seal it off safely from the environment in order to disinfect wounds and cuts and to protect the wounds from further harm. Therefore, the relevant consumer would perceive the sign as providing information about the kind, quality 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) and Article 7(2) EUTMR, the application for European Union trade mark No 018 275 414 is hereby rejected for the following goods:

Class 5 Medical, veterinary and surgical dressings; wound dressings; dressing materials for wounds; dressings for wounds; materials for medical use in covering [dressing] wounds; self-adherent wound dressings; absorbent wound dressings; super-absorbent wound dressings; dressings incorporating super-absorbent materials; dressings for the management of exudate from wounds; dressings shaped to fit the

contours of the body; bandages [dressings]; tissues impregnated with pharmaceutical lotion.

In addition, the application may proceed for the remaining goods:

Class 5    Chemico-pharmaceutical preparations; chemical preparations for pharmaceutical purposes; drugs for medical purposes; sterilizing preparations; antiseptics; solvents for removing adhesive plasters; veterinary preparations; medicines for veterinary purposes.

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.

The Office draws your attention on the Communication 2/2020 of the Executive Director of the Office of 10/09/2020 on the impact of the United Kingdom’s withdrawal from the European Union on certain aspects of the practice of the Office, particularly relevant for UK owners, UK employees and UK-based representatives.

Ines RIBEIRO DA CUNHA