Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 01/10/2018

IntellectPol IP Law Firm

Sławomir Krzysztof Nowicki

Podczachy 27

99-300 Kutno

POLONIA

Application No:	017917116
Your reference:
Trade mark:	VeryFit
Mark type:	Word mark
Applicant:	Shenzhen DO Intelligent Technology Co., Ltd. 3#F11,Guole High-tech Industrial Park,Joint of Huaning and Lirong Rd.,Dalang Ave.,Longhua New Dist. Shenzhen, Guangdong 51800 REPÚBLICA POPULAR DE CHINA

The Office raised an objection on 20/06/2018 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 letter, which forms an integral part of this decision.

The Office maintains that, taken as a whole, the words ‘VeryFit’ immediately informs consumers without further reflection that by using the goods would make the consumer very healthy and physically strong. Therefore, the mark conveys obvious and direct information regarding the intended purpose of the goods in question and would not be perceived as an indication of commercial origin.

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) and (c) and Article 7(2) EUTMR, the application for European Union trade mark No 17 917 116 is hereby rejected for the following goods, namely:

Class 9 Data processing apparatus; Connected bracelets [measuring instruments]; Encoded identification bracelets, magnetic; Smart rings; Quantity indicators; Network communication equipment; Pedometers; Counters; Time recording apparatus; Smart watches.

Class 28 Appliances for gymnastics; Body-building apparatus; Chest expanders [exercisers]; Machines for physical exercises.

The application may proceed for the remaining goods, namely:

Class 28 Portable games with liquid crystal displays; Protective supports for shoulders and elbows [sports articles]; Protective paddings [parts of sports suits]; Starting blocks for sports; Swimming pools [play articles]; Protective films adapted for screens for portable games.

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.

Anja Pernille LIGUNA