Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 14/12/2018

SAKELLARIDES LAW OFFICES

P.O. Box 30122

GR-100 33 Athens

GRECIA

Application No:	017900921
Your reference:	25646
Trade mark:
Mark type:	Figurative mark
Applicant:	Shenzhen Yikanger Electronic Technology Co. , Ltd Room 201, Bld A, No.1, Qianwan Rd 1, Qianhai Shenzhen-Hongkong Cooperation Zone Shenzhen REPÚBLICA POPULAR DE CHINA

The Office raised an objection on 05/07/2018 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 Office maintains that, taken as a whole, the sign applied for, , immediately informs consumers without further reflection that the contested goods claimed are of the highest, supreme, quality. Therefore, the relevant consumer, notwithstanding certain stylised elements, would perceive the sign as providing information about the quality of the goods in question.

In addition, the sign applied for would simply be perceived by the relevant public as a promotional laudatory slogan, the function of which is to communicate a value and otivational statement and which merely serves to highlight positive aspects of the goods in question, namely that they are of highest quality.

The applicant failed to submit observations within the extended time limit. 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 17 900 921 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.

Robert KLECUN