Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 06/04/2018

BARZANO' & ZANARDO MILANO S.P.A.

Via Borgonuovo, 10

I-20121 Milano

ITALIA

Application No:	017449315
Your reference:	za/AT5515/CTM
Trade mark:	DATACARING
Mark type:	Figurative
Applicant:	Shenzhen Dongkang Life Technology Co., Ltd. Room 1015, Duhui Pavilion, Zhonghang Road, Huaqiang North Street, Futian District Shenzhen, Guangdong REPÚBLICA POPULAR DE CHINA

The Office raised an objection on 19/12/2017 pursuant to Article 7(1) EUTMR because it found that the trade mark applied for is not eligible for registration under Article 7(1)(b) and (c) EUTMR and Article 7(2) EUTMR, for the reasons set out in the attached letter, which forms an integral part of this decision.

The Office maintains that, taken as a whole, the sign ‘ ’ immediately informs consumers without further reflection that the goods applied for have the intended purpose of caring for data. Therefore, the mark conveys obvious and direct information regarding the kind and/or intended purpose of the goods and services in question.

Although the sign for which protection is sought contains a typeface that confer upon it a degree of stylisation. In addition the words ‘Data’ and ‘Caring’ run together without a space. However, the descriptive words are immediately apparent, the use of upper and lower case letters allowing the consumer to easily separate the words. In addition this lack of space is a commonly used tactic in the marketplace. The nature of these elements is so negligible that they do not endow the trade mark as a whole with any distinctive character. These elements do not possess any feature regarding the way in which they are combined that allows the mark to fulfil its essential function for the goods and services for which protection is sought.

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 17 449 315 is hereby rejected for:

Class 9 Computer peripheral devices; Navigational instruments; Network communication apparatus; portable media players; Camcorders; Video screens; theft prevention installations, electric.

Class 35 Advertising; On-line advertising on a computer network; Marketing; Sales promotion for others; Business management consultancy; Personnel

The application will proceed accordingly for the following goods and services:

Class 9 Battery chargers; Materials for electricity mains [wires, cables]; Connectors [electricity].

Class 25 Clothing; Shoes; Hats; Hosiery; Neckties; Insoles; Girdles; Theatrical costumes; Swimsuits; Layettes [clothing].

Class 35 Procurement services for others [purchasing goods and services for other businesses]; Import-export agencies.

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.

Lynn BURTCHAELL