Refusal of application for a European Union trade mark

(Article 7 EUTMR and Rule 11(3) EUTMIR)

Alicante, 21/02/2017

MARKS & CLERK LLP

1 New York Street

Manchester M1 4HD

REINO UNIDO

Application No:	015328016
Your reference:	MMS/WM/TM343278EMA
Trade mark:	LITHIUM+
Mark type:	Figurative mark
Applicant:	Techtronic Power Tools Technology Limited Trident Chambers, P O Box 146, Road Town Tortola ISLAS VÍRGENES DE GRAN BRETAÑA

The Office raised an objection on 28/04/2016, which was cancelled and replaced by objection of 18/11/2016 pursuant to Article 7(1)(b) and (c) EUTMR and Article 7(2) EUTMR because it found that the trade mark applied for is descriptive and devoid of any distinctive character, for the reasons set out in the attached letter.

The applicant submitted its observations in reply to the Office’s initial objection on 28/06/2016. The Office addressed these observations in its objection letter of 18/11/2016, and the applicant was given another two months to submit new observation as a reply to this objection. 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 and Article 7(2) EUTMR, the application for European Union trade mark No 15 328 016 is hereby rejected for the goods listed in Annex A.

The application may proceed for the remaining goods, namely:

Class 7: Foam filter sleeve for vacuum; rubber backing pad for polishing; rubber blower nozzle for vacuum; wool pad for polishing (parts of power tools); primer bulbs (parts of power tools); vacuum cleaner bags; disposable paper bags for electric cleaners; blower vacuum bags; cloth blower vacuum bags; bags for lawnmower (parts of machine); parts and accessories therefor.

Class 9: Computer software; application software for tool control, inventory management and tool reporting; computer application software for mobile phones including computer software for use as a weather detector, infra-red thermometer, electromagnetic apparatus to measure magnetic fields, moisture meter, appliance current meter, inspection camera, wall stud finder, vibration meter: distance measuring apparatus, radiation detector, radon detector, methane detector, nitrate detector air quality detector, wind speed and direction detector, color detector, alcohol breath testing unit not for medical use, radar gun, thermal imaging system not for medical use, light emitting diode (LED), laser level laser-beam-emitting device which projects right angles for construction and home improvement purposes, laser pointer, electronic apparatus to detect position, room dimensions; computer application software for mobile phones including computer software for use as electronic apparatus to detect light, velocity, acceleration, temperature, wind, noise level, moisture; audio speakers, microphones, electrical and electronic connectors, couplers, docks, docking stations, interfaces, adapters, covers, holsters, carrying straps.

According to Article 59 EUTMR, you have a right to appeal against this decision. According to Article 60 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.

Cecilie Leth BOCKHOFF

Annex A

Class 7: Power tools; air tools; pneumatic tools; power drilling tools; powerdriven tools; electric and electro-pneumatic tools; power tools for flush and plunge cuts, removing grout and grinding thinset, sanding and scraping; electrical and electro-pneumatic tools in the form of rotational and pneumatic tools, hand tools, rotary drill, impact drills, rotary hammers, impact hammers, demolition hammers, contour, circular saws, disc grinder, belt grinder, orbital grinder, screwdrivers, trimming tools, shears, grinders, bench grinders, hot air guns, industrial blower and suction machines; motor equipped power heads and attachment tools for the use therewith including jig saws, right angle impact drivers, cutters, sanders, reciprocating saws, shears, screwdrivers, right angle drills/drivers, ratchets, hammers, line trimmers, string trimmers, brush cutters, weeders, cultivators, air blowers, edgers, snow throwers, hedge trimmers, pruners, chainsaws, electric brooms, sprayers, pressure washers, thatchers, aerators, and spreaders; outdoor lawn and garden tools; power operated lawn and garden equipment; multi-purpose power tool systems comprised of interchangeable working elements, including cutting blades for power tools, power saw blades, sanding pads for power-operated sanders, power-driven and impact wrenches and adapters therefor sold as a unit; walk behind or riding apparatus used with a line for cutting grass; expandable power shaft garden hand tools and interchangeable attachments including loppers, pruners, shears, shovels, rakes, saws, and hoes; hole shooters; screw shooters; power screwdrivers; power hammers; chipping hammers; breaking hammers; rotary hammers; rotary hammer drills; hammer drills; power driver/drills; drills; drill drivers; impact drills; compact drills; cordless drills; angle drills; rotary tools; oscillating tools; expansion tools; fabrication and construction tools and equipment in the form of concrete mixers; grease guns (power tools); electric adhesive guns; power saws; electric metal cutting saws; drill presses; magnetic drill presses; electromagnetic drill press; coring machines; sanders; belt sanders; mulchers; electric and pneumatic grinders; angle grinders; electric and powered saws; chain saws; chain saw chains; chain saw bars; chain saw files; precision circular saws; circular saws; miter saws; reciprocating saws; jig saws; table saws; radial pull saws; scroll saws; band saws; wood turning lathes; circular bench saws; spindle moulders; stationary woodworking machines or bench top tools; spanners (power tools); knock out tools (power tools); knock out punches; electric and pneumatic nailers; palm nailers; worm drive saws; mini saws; cutting tools; cut-off machines; shears (power tools); electric shears; powered shears; grass shears; heat guns; nut runners; nibblers; floor polishing machines; polishers; routers; impact wrenches; impact drivers; tubing cutters; copper tubing cutters; powered caulk guns; ratchet wrenches; cable cutters; abrasive machines; air brushes; floor care appliances; carpet, floor and wall washing machines; floor cleaning apparatus; bare floor cleaning machines; suction cleaning machines; air suction machines; electric apparatus for the cleaning and care of surfaces of all kinds, including, carpets, upholstery and vehicle interiors; vacuum cleaners; robotic vacuum cleaners; hand-held vacuum cleaners; shop vacuums; wet and dry vacuum cleaners; wet and dry car vacuums; water filtration vacuum cleaners; mini and light weight vacuum cleaners; bagless vacuum cleaners; window vacuums; dust exhausting apparatus; dust extractors; vacuum cleaner attachments for disseminating perfumes and disinfectants; carpet washing machines; carpet extractors; electric hard floor cleaners; electric hard floor wipes; carpet cleaners, carpet and upholstery washers; sweeping machines; electric sweepers; electric steam cleaners; electric cleaning apparatus utilizing steam; steam cleaning machines and apparatus; steam jet machines; electric steam mops; hard floor mopping machines; electric brooms; spreaders (parts of power tools); pressure washers; compressors [machines]; generators; electric generators; bits; bit holders; drill bits for power tools and machines; screwdriver bits; saw blades (parts of machines); jig saw blades (parts of power saws); reciprocating saw blades (parts of power saws); lawnmower blades; edger blades (parts of power tools); brush cutter blades (parts of power tools); shredder blades (parts of power tools); hoists; hoist and lifting devices; electrically powered wire rope and link chain hoists; overhead trolleys for moving the hoists; sprayers; pressure sprayers; spray guns (for cleaning machines); amp bandfiles (power tools); barrel sausage conversion kit (parts of power tools); clear barrel for grease guns; chucks (parts of machines); chuck keys; chuck key holders; concrete cup wheels; conversion kits (parts of power tools); conversion pan for vacuum; cut off wheel; depth stop (parts of power tools); diamond coring base stands; diamond coring motor with clutch; door/jamb butt template kit (parts of power tools); drum adaptors for vacuum; dust extraction kit (parts of power tools); floor tools for vacuum; floor wands for vacuum; grinding dust shrouds; grinding guards; jaws; metal conditioning disc; metal cup wheels; pad centering spacer for polishing; press tool; replacement bumper for vacuum; sanding backing pads; sanding discs; machine stands; stands (parts of machines); tamper plates(parts of power tools); wire brush wheels (parts of power tools); manually operated link chain and lever hoists and overhead trolleys for moving the hoists; multiple function machine tools; multi-tool blades, attachments and abrasives; bags adapted for carrying electric drilling and fastening tools; special carrying suitcases adapted for use with power tools; holsters for electric drilling and fastening tools; cutters [machines]; cutter arbor (hand pump); edgers; brush cutters; hedge cutters; trimmers; line trimmers; trimmer lines; replacement line for trimmers; line head for trimmers; spools for line trimmers; string trimmers; hedge trimmers; foggers; blowers; air movers; aerators; resealers; blower vacuums; leaf blower vacuums for clearing leaves and plant debris (machines); leaf blower vacuums for clearing leaves and plant debris (machines) with blades for chopping (mulching) debris as it is vacuumed up; snow throwers; snow ploughs; thatchers; lawn mowers; robotic lawn mowers; shredders; weeders; cultivators; tillers; pruners (power tools); shrubbers (power tools), loppers (power tools); log splitters; fuel lines (parts of power tools); edger guides (parts of power tools); bump knobs (parts of power tools); motors and engines (other than vehicles); starters for machines; starters for motors and engines; washing machines; small kitchen appliances namely electric grinder, electric pepper and salt mill, electric peanut butter makers, electric cheese graters, electric salad spinners, coffee grinders and mills, smoothie and drinks makers, food processors and mixers, hand mixers; electric kitchen tools and utensils; mixing machines; electric food processors; electric blenders and mixers; electric blenders and mixers for food; portable electric blenders and mixers; electric food choppers; meat and vegetable choppers (machines); electric can openers; electric juicers; beverage preparation machines, electromechanical; machines for preparing beverages (electric, kitchen); electric coffee grinders, blenders and mills; combined espresso and coffee grinder machines; brewing machines; machines for use in making ice cream (industrial); electric knives; electric carving knives; air condensers; condensers (steam) (parts of machines); dishwashers; ironing machines; metalworking machines; pressing machines; chopping machines; vibrating machines; hammering machines; drill machines; construction machines; gardening machines; machine tools; machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; cleaning, polishing and waxing machines; pumps; pneumatic pumps; rotary pumps; vacuum pumps; centrifugal pumps; inflators; deflators; fans for machines and power tools; straps for power tools and machinery; blades for machines and power tools; filters, brushes and blades for machines; brush insert for vacuum; lawnmower filters; tools holders (parts of machines); spark plugs; sockets and adapters for power tools; socket set for power tools; magnetic nut drivers; grinding wheels; grinding racks; welding controllers; burnishing racks; electric door openers and closers; garage door openers; electric ice cream churns; churns; electric stirrers; sharpening machines; knife sharpening machines; trash compacting machines; electric peppermills; cleaning brushes (parts of vacuum cleaners and power tools); brush attachments (parts of vacuum cleaners and power tools); electric brushes; articulated brushes (parts of vacuum cleaners and power tools); dust cleaning machines; nozzles (parts of vacuum cleaners and power tools); crevice nozzles (parts of vacuum cleaners and power tools); carpet nozzles (parts of vacuum cleaners and power tools); hard floor nozzles (parts of vacuum cleaners and power tools); nozzles and hoses for vacuum cleaners and washing machines; hoses (parts of power tools); filters; filters for vacuum cleaners; tillers for cultivation; tank filters; belts for machines; beating rollers; dust containers for vacuum cleaners; jacks (machines); power operated jacks; electric and hydraulic jacks; robots [machines]; rivet guns; electric grinder; electric pepper and salt mill; electric peanut butter makers; electric cheese graters; electric salad spinners; food processors and mixers; hand mixers; drain auger; chisels (parts of machines); hole cutters (parts of machines); wall chasers; dust guards and adaptors; impact sockets and fasteners for power tools; buffers; ratchets; burrs; reamers; laminate trimmers; nail guns; planers; power staplers; trim saws; spiral saws; tile saws; multi-purpose oscillating tool for use with interchangeable heads that are sold separately for cutting, sanding, grinding, polishing, sawing, drilling, scraping, driving, fastening and/or hammering; multi-purpose oscillating tool for use with interchangeable heads for cutting, sanding, grinding, polishing, sawing, drilling, scraping, driving, fastening and/or hammering; interchangeable power tool head systems; pole saws; kits consisting primarily of one or more power tools, including namely, consisting of one or more power drills, saws, circular saws, reciprocating saws, jig saws, chainsaws, sanders, impact drivers, impact hammers and/or handheld vacuum cleaners, and also containing specially designed battery packs and battery chargers; kits consisting primarily of vacuum cleaners and also containing specially designed battery packs and battery chargers; power operated paint sprayers and rollers; parts and accessories therefor.

Class 9: Batteries; battery chargers; wall-mounted battery chargers; portable battery chargers; portable power source; battery chargers for vehicle; battery adapters; electric chargers and batteries for lawn mowers, vacuum cleaners, carpet sweepers, pressure washers and compressors; heated jacket DC plug adapters; power station inverters; radios; electronic test and measuring instruments and devices and electronic test tools; lighting tester; water purity testers; auto voltage/continuity testers with resistance; digital multi-meters; temperature meters; thermometers; infrared thermometers; probe thermometers; tripod mounting brackets; fuel gauges; wind gauges; thermal imagers; voltage measuring clamps and forks; current measuring clamps and forks; current meters; voltage meters; air quality meters; decibel meters; humidity meters; moisture meters; vibration meters; clamp meters; voltage detectors; detecting instruments, other than for medical use; scanning instruments, other than for medical use; color detectors; electromagnetic field detectors; methane detectors; nitrate detectors; radiation detectors; stud detectors; radon detectors; wind speed and direction detectors; alcohol breath testing units, not for medical use; radar guns; metal detectors for industrial or commercial purposes; apparatus for detecting metal pipes and wires in walls; measuring converters; apparatus for measuring distance; laser beam emitting device which projects right angles for construction and home improvement purposes; laser distance measurers; laser pointers; multimedia camera; cameras; security cameras; internet cameras; thermal camera; rotating inspection scopes; inspection cameras and the structural parts and structural accessories thereof including extension cables, replacement cables, hooks, mirrors and magnets; levels; tbevels; magnets; magnetic meter holders; laser levels, tape measures; ultrasonic tape measures; short tapes, long tapes; carpenter's levels; measuring wheels; chalk lines, builders lines; battery powered plumb lasers; motorized rotary levels; box levels; masonry levels; ibeam levels; torpedo levels and utility levels; specialty levels; rulers (measuring instruments); straight rulers; folding rulers; squares; plumb bobs; electrically heated clothing, gloves, footwear and hand warmer; heated garments including jackets and hoodies; clothing, footwear, headgear, helmets, gloves, ear muffs, belts, straps, goggles, glasses, all of a protective nature; chainsaw gloves, protective gloves; vertebrae harness; safety harness; UV filter sunglasses; eyeglasses and sunglasses; eyeglass cases; goggles; safety glasses and other eye protection; laser temperature guns; fire engines; starter cables for motors; fire hoses; fire hose nozzles; flashing lights [luminous signals]; alarms and fire alarms; fire extinguishing apparatus; stud sensors; sensing alarm; digital key lock box; timers; battery powered weather stations comprised of electric sensors that measure air temperature, humidity, wind direction and precipitation; rain gauges; speakers; measuring cups; measuring spoons; measuring bottles; measuring glassware; scales; scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; protective chaps; extension cords; electric temperature probes; USB (Universal Serial Bus) adapters; memory stick; laser markers; body cooling gear; body cooling gear including vests, towels, head bands and caps that cool down body temperature; pet cooling gear; pet vests that cool down body temperature; MP3 players; remote control apparatus; video recorder and player; video camera; headphones; earplug headphones; computer stylus; electronic pens; protective body cooling gear including active cooling vests, active cooling towels, active cooling head bands and caps that cool down body temperature to prevent injury due to overheating; protective pet cooling gear including active cooling pet vests that cool down body temperature to prevent injury due to overheating; protective cooling body wraps; USB charging cables; audio speakers, microphones, electrical and electronic connectors, couplers, docks, docking stations, interfaces, adapters, covers, holsters, carrying straps adapted therefore; mobile phone accessories including infrared sensors to integrate mobile phones with tools, thermal sensors to integrate mobile phones with tools, weather detector; mobile phone accessories including electronic apparatus for detecting position, room dimensions, light, velocity, acceleration, temperature, wind, noise level, and moisture; electromagnetic apparatus used to measure magnetic fields; camera cable extension; electrical alligator clips; pipe guide attachment (parts of inspection scopes and inspection cameras); adapters; electrical test leads; scope head attachment (parts of inspection scopes and inspection cameras); test probe magnet; magnet clean club (magnets); thermocouple; volt stick; callipers; protractor; organizers; adaptor and USB charger; compact powerport; bags, cases, cables, cords, stands, wires, parts and accessories adapted therefor.

Class 11: Flashlights; lights; light emitting diodes; stick lights; lantern lights; flood lights; solar lights; solar decorative lights; solar path lights; lamps; torches; electric torches; landscape lighting, post lights, step lights, lanterns, flush mounts, pendant lights, spot lights, security lighting, floodlights, motion detector flood lights, high-intensity discharge (HID) lighting, fluorescent lighting, chandeliers, sconces, semi flush mounts for lighting, bath (bathroom) bar lighting, fluorescent fixtures, recessed lighting, track lighting, under cabinet lighting, portable table lamps, floor lamps, ceiling fans with lighting, ceiling fans without lighting, LED flood lights, LED flash lights, LED utility lights; light bulbs, lamp casings, lamp chimneys, lamp glasses, lamp globes, lamp mantles, lamp reflectors, lamp shades, lamps for directional signals of automobiles; light diffusers, electric lights for Christmas trees; toasters; ovens; stoves; food cookers; rice cookers; electric and electrical cookers; range cookers; electric pressure cookers; microwave ovens; barbecue apparatus and appliances; electric cooking utensils; freezers; refrigerators; barbecue starters; barbecue grills; grilling accessories; rotisseries, grill racks, rib racks, kebab racks, griddles, kettles, smokers, electric woks, grilling basket, grill covers, grill grates, grill insert removal tools, grill insert storage (grilling accessories), grill stones, grill lights, grill fans; coolers; portable evaporative coolers; propane generators; outdoor fireplaces and outdoor firepits; charcoal chimneys (with fans); charcoal chimneys (without fans), portal grilling work stations; fans; acetylene generators; apparatus and installations for lighting, heating, cooking, refrigerating, ventilating, steam generating, drying, water supply and sanitary purposes; ionization apparatus for the treatment of air; air conditioners; air conditioning apparatus and installations; air dehumidifiers; air filtering apparatus; water filtering apparatus; air purifying apparatus and machines; air purifiers; water purifying installations and machines; apparatus for softening water; sterilization apparatus; air sterilizers; air deodorizing apparatus; ventilation hoods; extractor hoods for kitchens; electric appliances for making beverages; electrical household and kitchen machines and equipment; electric skillets, electric slow cooker, electric yogurt makers with storage containers, electric food dehydrators, toasters, electric water urns, yogurt and ice cream makers, deep fryers, sandwich and Panini toasters, popcorn makers, waffle makers, cupcake makers, donut makers, quesadilla makers; electric steamers for cooking; steam ovens (cooking apparatus); espresso machines; electric coffee machines; electric coffee filters; coffee roasting machines; electric coffee pots; bread making machines; electric kettles; electric roasters; electric hobs; hair driers (dryers); fabric steamers; laundry dryers, electric; gas condensers; straps adapted therefor; hot plates; burners; sandwich press; misting systems; string misting systems; hose based misting systems; hose based misting systems, namely, misting systems comprised of a flexible or stationary pipe, misting nozzle and hose connector, misting systems comprised of a flexible or stationary pipe, hose based misting systems, namely misting nozzle and hose connector, and also containing clamps; portable misting systems, namely, bucket topper misters; personal misting systems, namely, personal pump misters, battery powered personal misters, water bottle topper misters; misting fans, battery powered misting fans,bladeless misting fans, dry misting fans; misting wands and clamps; ice cream making machines (non-industrial); dish sterilizers; steam generators; grills, smokers and grill/smoker accessories including an add-on device including powered convection fan that could be adapted to any outdoor cooking appliance to provide forced air convection technology to create a more even heating environment; misting systems for outdoor cooling; string misting systems for outdoor cooling; hose based misting systems for outdoor cooling, including misting systems comprised of a flexible or stationary pipe, misting nozzle and hose connector, misting systems comprised of a flexible or stationary pipe, misting nozzle and hose connector, and also containing clamps; portable misting systems for outdoor cooling, namely, bucket topper misters; personal misting systems, namely, personal cooling pump misters, battery powered personal cooling misters, water bottle topper misters for personal cooling; misting fans for cooling, battery powered misting fans for cooling, bladeless misting fans for cooling, dry misting fans for cooling; structural parts and accessories for use with misting systems for outdoor cooling, namely, misting wands and attachment clamps; portable evaporative air coolers; outdoor lamp with integrated battery powered mister; battery powered cordless string misting kit; cooling apparatus; evaporative air cooling units; cooler with a modular misting fan which includes an intake tube insertion and melting grate to trap chilled water in a reservoir for ultra-cold misting; stands for lighting apparatus; stands for misting systems; heating pads [cushions] not for medical purposes; electric smokers; parts and accessories therefor.