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OPERATIONS DEPARTMENT |
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L123 |
Refusal of application for a European Union trade mark
(Article 7 EUTMR and Rule 11(3) EUTMIR)
Alicante, 27/09/2017
ALBRIGHT IP LIMITED
County House Bayshill Road
Cheltenham Gloucestershire GL50 3BA
REINO UNIDO
Application No: |
016628315 |
Your reference: |
T003457EM00 |
Trade mark: |
SENSE |
Mark type: |
Word mark |
Applicant: |
Adey Holdings (2008) Limited UK Head Office, Gloucester Road Cheltenham Gloucestershire GL51 8NR REINO UNIDO |
The Office raised an objection on 26/04/2017 pursuant to Article 7(1)(b) and (c) EUTMR and Article 7(2) EUTMR because it found that the trade mark applied for is partially not eligible for registration, for the reasons set out in the attached letter.
The applicant failed to submit observations within the extended 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 16 628 315 is hereby rejected for the following goods:
EN-9 |
Remote monitoring apparatus, systems, devices and installations.
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The application may proceed for the remaining goods and services, namely:
EN-9 |
Magnetic filters; smart magnetic filters; power flushing filters (magnetic); smart power flushing filters (magnetic); remote control apparatus, systems, devices and installations; remote control apparatus, systems, devices and installations for use with heating, ventilating or air conditioning apparatus, systems, devices and installations; temperature and energy control apparatus; thermostats; thermostat control apparatus; thermal controls; boiler control apparatus; communications controllers; computer software; computer software for heating, ventilating or air conditioning apparatus, systems, devices and installations; interactive computer software accessible electronically, via computers or mobile telephones; computer software applications; mobile phone applications; mobile applications; parts and fittings for all of the aforesaid goods; none of the aforementioned goods being sanitary fixtures or fittings.
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EN-11 |
Apparatus and installations for heating and water supply; central heating apparatus and installations; smart filters being parts of household or industrial installations for heating, central heating, water storage, water supply for heating systems and cooling; filters being parts of household or industrial installations for heating, central heating, water storage, water supply for heating systems and cooling; smart magnetic filters being parts of household or industrial installations for heating, central heating, water storage, water supply for heating systems and cooling; magnetic filters being parts of household or industrial installations for heating, central heating, water storage, water supply for heating systems and cooling; smart non-magnetic filters being parts of household or industrial installations for heating, central heating, water storage, water supply for heating systems and cooling; non-magnetic filters being parts of household or industrial installations for heating, central heating, water storage, water supply for heating systems and cooling; smart power flushing filters being parts of household or industrial installations for heating, central heating, water storage, water supply and cooling; power flushing filters being parts of household or industrial installations for heating, central heating, water storage, water supply for heating systems and cooling; smart filters being parts of central heating apparatus and installations; filters being parts of central heating apparatus and installations; smart magnetic filters being parts of central heating apparatus and installations; magnetic filters being parts of central heating apparatus and installations; smart non-magnetic filters being parts of central heating apparatus and installations; non-magnetic filters being parts of central heating apparatus and installations; smart power flushing filters being parts of central heating apparatus and installations; power flushing filters being parts of central heating apparatus and installations; smart filters being for use in central heating systems; filters being for use in central heating systems; smart magnetic filters being for use in central heating systems; magnetic filters being for use in central heating systems; smart non-magnetic filters being for use in central heating systems; non-magnetic filters being for use in central heating systems; smart power flushing filters being for use in central heating systems; power flushing filters being for use in central heating systems; water filtration apparatus and installations for heating, central heating, water storage, water supply for heating systems and cooling; water filtration apparatus and installations for central heating apparatus and installations; water treatment apparatus for water purification and water softening; water treatment apparatus for water purification and water softening for domestic use; water treatment apparatus for water purification and water softening for central heating apparatus and installations; water treatment filters; portable filtration units (other than machines); parts and fittings for all of the aforesaid goods; none of the aforementioned goods being sanitary fixtures or fittings.
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EN-37 |
Installation, maintenance and repair of heating apparatus, installations and systems; installation, maintenance and repair of central heating apparatus, installations and systems; installation, maintenance and repair of water storage apparatus, installations and systems; installation, maintenance and repair of water supply apparatus, installations and systems; installation, maintenance and repair of cooling apparatus, installations and systems; cleaning services; heating and water supply system cleaning and flushing services; central heating system cleaning and flushing services; water storage system cleaning and flushing services; cooling system cleaning and flushing services; information services relating to installation, repair and maintenance of heating apparatus, installations and systems; information services relating to installation, repair and maintenance of central heating apparatus, installations and systems; information services relating to installation, repair and maintenance of water storage apparatus, installations and systems; information services relating to installation, repair and maintenance of water supply apparatus for heating systems, installations and systems; information services relating to installation, repair and maintenance of cooling apparatus, installations and systems; information services relating to the provision of cleaning services; information services relating to the provision of heating and water supply system cleaning and flushing services; information services relating to the provision of central heating system cleaning and flushing services; information services relating to the provision of water storage system cleaning and flushing services; information services relating to the provision of cooling system cleaning and flushing services; provision of technical support in relation to all of the aforementioned installation, maintenance, repair, cleaning, flushing and information services; providing information in relation to all of the aforementioned services and suppliers or installers thereof from a database or website; information, advisory and consultancy services relating to all of the aforementioned services. |
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.
Robert KLECUN