Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 16/12/2020

DOMINGO GALLETERO COMPANY

CALLE PEREZ MEDINA, Nº 23, ENTLO. DCHA

E-03007 ALICANTE

ESPAÑA

Application No:	018292613
Your reference:	UTM2004740-EM.RG.1
Trade mark:	SafeDose
Mark type:	Figurative mark
Applicant:	SHENZHEN MINDRAY BIO-MEDICAL ELECTRONICS CO., LTD. Mindray Building, Keji 12th Road South, High-tech Industrial Park, Nanshan, Shenzhen 518057 CN

The Office raised an objection on 08/10/2020 pursuant to Article 7(1)(b), (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.

Merely bringing word elements ´SAFE´ and ´DOSE´ together without introducing unusual variations, cannot result in anything other than a descriptive sign.

In the present case, the relevant consumers would perceive the sign as providing information that the goods in Class 09 are for secure administration or calculation of dosage of medication/drug/pharmaceutical substances/solutions but the goods object in class 10 are for design or applied for secure administration or calculation of dosage of medication/drug/pharmaceutical substances/solutions or that the goods constitute parts of the goods claimed being capable of such operations or involved in such operations. Therefore, the relevant consumer, notwithstanding certain stylised elements consisting of ´S´ and ´D´ letters written using capital letters and letters ´afe´ and ´ose´ using regular letters, would perceive the sign as providing information about the kind, quality and/or 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), (c) and Article 7(2) EUTMR, the application for European Union trade mark No 18 292 613 is hereby rejected for all the goods 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.

Kaspars PUBULIS