Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 28/09/2018

uk locker ltd

74 Overstone Road

Sywell Northamptonshire NN6 0AW

REINO UNIDO

Application No:	17 895 118
Your reference:
Trade mark:
Mark type:	Figurative mark
Applicant:	uk locker ltd 74 Overstone Road Sywell Northamptonshire NN6 0AW REINO UNIDO

The Office raised an objection on 10/05/2018 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 applicant failed to submit observations within the time limit.

The Office maintains that, taken as a whole, the sign,

immediately informs consumers without further reflection that the goods are electronic lockers with adjoining software solutions and technology, involving wi-fi network for remote administration. Therefore, the relevant consumer - notwithstanding certain figurative elements such as three consecutive symbols representing [network] location, wi-fi (wireless connection), and Bluetooth (short-range wireless interconnection of mobile phones and other electronic devices) - would perceive the sign as providing information about the kind, quality and intended purpose of the goods in question.

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 17 895 118 is hereby rejected for all the goods claimed, namely:

Class 9 Computer software; interactive computer software; computer software packages.

Class 20 Lockers.

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.

Finn PEDERSEN