Refusal of application for a European Union trade mark

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

Alicante, 13/01/2017

MARKS & CLERK LLP

Fletcher House Heatley Road

The Oxford Science Park

Oxford OX4 4GE

REINO UNIDO

Application No:	015404701
Your reference:	EPN/TX215408EMA
Trade mark:	INTERNET OF PLANTS
Mark type:	Word mark
Applicant:	Cypress Semiconductor Corporation 198 Champion Court San Jose, California 95134 ESTADOS UNIDOS (DE AMÉRICA)

The Office raised an objection on 20/05/2016 pursuant to Article 7(1) EUTMR because it found that the trade mark applied for is descriptive and non-distinctive, for the reasons set out in the attached letter. The applicant submitted its observations on 18/07/2016 and the Office maintained its objection in its letter dated 30/08/2016. However the applicant has reserved the right to submit further submissions and evidence of acquired distinctiveness of the mark. An extension of two months was requested by the applicant and duly accepted by the Office.

The deadline to submit further arguments and evidence was set at 30/12/2016.

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) EUTMR, the application for European Union trade mark No 15 404 701 is hereby rejected for the following goods/services:

Class 09 Scientific, surveying, photographic, weighing, measuring, signalling, checking (supervision) 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; magnetic data carriers, recording discs; compact discs, DVDs and other digital recording media; data processing equipment, computers; computer software; computer software for microcontrollers with integrated wireless transceivers; microcontrollers with integrated wireless transceivers; software for analyzing environmental conditions; sensors for measuring environmental parameters; environmental monitoring systems; environmental monitoring system comprised of software, meters and sensors that measure pressure, humidity, moisture levels and temperature; parts, fittings and accessories for all the aforesaid.

Class 42 Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software; electronic monitoring and reporting of environmental conditions using computers or sensors; temporary use of non-downloadable software for analyzing environmental conditions; non-downloadable software for analyzing environmental conditions; design, research and development of microcontrollers with integrated wireless transceivers; design, research and development of environmental monitoring systems; advisory, consultancy and information services relating to all the aforesaid.

The application will be accepted for the remaining goods.

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.

Alistair BUGEJA