Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 16/04/2019

Alexandros Xydas

Efxinou Pontou 61

GR-16562 Ano Glyfada

GRECIA

Application No:	017885121
Your reference:
Trade mark:	Flugauto
Mark type:	Word mark
Applicant:	Alexandros Xydas Efxinou Pontou 61 GR-16562 Ano Glyfada GRECIA

The Office raised an objection on 18/04/2018 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 letter, which forms an integral part of this decision.

The trade mark for which registration is sought, “Flugauto”, refers in German to a vehicle that may fly like an aircraft and also drive like an automobile, a kind of flying car or a combination of a car and an aircraft.

When applied to the goods and services at issue, the expression “Flugauto” will be understood by the relevant German-speaking public as indication that the goods and services are aimed for or are provided with a “Flugauto”. Hardware and software, as applied for in Class 9, could be aimed for control of a “Flugauto”. The vehicles applied for in Class 12 cover or may cover “Flugautos”. The services applied for in Class 39 are or may refer to transport of goods and passengers with a “Flugauto”.

Furthermore, the German word “Flugauto” is commonly used for relevant goods and services.

Consequently, the sign applied for is descriptive and devoid of any distinctive character for all goods and services at issue and is not capable of distinguishing the goods and services from those of other undertakings.

The applicant failed to submit observations within the time limit and to respond to the public notification.

Upon further examination, the Office decided to maintain the objection.

Since no further arguments have been presented nor further evidence has been submitted, the Office refers in full to the objection letter.

For the reasons set out in the letter of objection, and pursuant to Article 7(1)(b) and (c) and Article 7(2) EUTMR, the application for European Union trade mark No 17885121 is hereby rejected for all 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.

Lydia HASSENPFLUG EZQUERRO