Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 061/02/2018

DLA PIPER FRANCE LLP

IP & T department 27 rue Laffitte

F-75009 Paris

FRANCIA

Application No:	016628117
Your reference:	IPT/TM/CL/ROBOT
Trade mark:	A ROBOT THAT LOOKS LIKE A CAR
Mark type:	Word mark
Applicant:	NIO USA, Inc. 3200 North First Street San Jose California 95134 ESTADOS UNIDOS (DE AMÉRICA)

The Office raised an objection on 03/05/2017 pursuant to Article 7(1)(b) EUTMR and

Article 7(2) EUTMR because it found that the trade mark applied for is devoid of any distinctive character for the reasons set out in the first attached letter. The applicant submitted its observations on 29/06/2017. The Office responded to the applicant’s submissions and maintained its objection on 10/08/2017, it also allowed an additional time limit for the applicant to submit further observations, for the reasons set out in the second attached letter

The Office also issued two L108 classification deficiency letters, on 28/04/2017 and 07/06/2017, as the services placed in Class 9 and 12 had to be transferred to its proper classes. The amendment to the specification was completed and the list of goods and services was accepted on 28/08/2017, after which the Office submitted another letter maintaining its objection in relation to all the goods and services in question on 24/11/2017, it also allowed an additional time limit for the applicant to submit further observations, for the reasons set out in the third attached letter

The applicant failed to submit further observations within the time limit. For the reasons set out in the letters of objection, and pursuant to Article 7(1) EUTMR, the application for European Union trade mark No 16 628 117 is hereby rejected for all the goods and services 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.

Lars Paalgard SOYLAND