Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 04/07/2018

PAPULA OY

P.O. Box 981

FI-00101 Helsinki

FINLANDIA

Application No:	017887812
Your reference:	T-EM111815PH
Trade mark:	Face unlock
Mark type:	Word mark
Applicant:	HMD global Oy Karaportti 2 FI-02610 ESPOO FINLANDIA

The Office raised an objection on 25/04/2018 pursuant to Article 7(1)(b), (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 mark was found not eligible for registration because the relevant consumers would perceive the sign as providing information that the goods (devices) use or incorporate a facial recognition technology which allows users to unlock devices, applications or files with one’s face or that the goods (software) concern such a technology. Therefore, the sign describes the kind and other characteristics of the goods in question, namely the feature incorporated in the goods and the technology exploited by the goods (facial recognition technology) for user authentication. Given that the sign has a clear descriptive meaning it is also devoid of any distinctive character.

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)(b), (c) and Article 7(2) EUTMR, the application for European Union trade mark No 17 887 812 is hereby rejected for all the goods 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.

Tuula RAJALA

ATTACHMENT Notice of grounds for refusal of application for a European Union trade mark (Article 7 and Article 42(2) EUTMR), of 25/04/2018 (dated 24/04/2018), 6 pages