Decision on the inherent distinctiveness of an application for a European Union trade mark

(Article 7 EUTMR)]

Alicante, 03/12/2018

HGF LIMITED

8th Floor,

140 London Wall

London EC2Y 5DN

REINO UNIDO

Application No:	017546409
Your reference:	T250859/AD/ARE
Trade mark:	ECOSPORT
Mark type:	Word mark
Applicant:	Ford Motor Company One American Road Dearborn, Michigan 48126 ESTADOS UNIDOS (DE AMÉRICA)

The Office raised an objection on 19/12/2017 and 19/06/2018 pursuant to Article 7(1)(b) and (c) and Article 7(2) EUTMR because it found that the trade mark applied for is not eligible for registration, for the reasons set out in the attached notices, which form an integral part of this decision.

With the latter notice and an extension of time until 24/10/2018 the applicant was given another opportunity to submit further observations in reply. Pursuant to Article 94 EUTMR, it is up to the Office to take a decision based on reasons or evidence on which the applicant has had an opportunity to present its comments.

The Office has not received any observations within the specified time limit. Consequently further argumentation is superfluous and the application is rejected for the reasons as stated in the above notices pursuant to Article 7(1)(b), (c) and 7(2) EUTMR for the goods and services claimed.

The absolute ground for refusal under Article 7(1)(b) and (c) EUTMR precludes the registration of the sign ‘ECOSPORT’ as a trade mark at least in the English-speaking territories of the European Union (Article 7(2) EUTMR), i.e. the public in the United Kingdom, Ireland and Malta.

According to Article 66(2) EUTMR, you have a right to appeal against this decision which does not terminate the examination proceedings. 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 for appeal must be filed within four months of the same date. The notice of appeal will be deemed to have been filed only when the appeal fee of EUR 720 has been paid.

Once this decision has become final, the proceedings will be resumed for the examination of the subsidiary claim based upon Article 7(3) EUTMR and Article 2(2) EUTMIR.

Maureen FELLEMANS