Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 30/04/2019

TBK

Postfach 20 19 18

D-80019 München

ALEMANIA

Application No:	18 010 013
Your reference:	GM84364
Trade mark:	OVOS
Mark type:	Word mark
Applicant:	Shanghai Duco Network Technology Co., Ltd. Room 203, Jianan #1 Building, No. 655 Jiujing Road, Jiuting Town, Songjiang District Shanghai REPÚBLICA POPULAR DE CHINA

The Office raised a partial objection on 28/01/2019 pursuant to Article 7(1) EUTMR because it found that the trade mark applied for is not eligible for registration under Article 7(1)(b) and (c) EUTMR and Article 7(2) EUTMR, for the reasons set out in the attached letter, which forms an integral part of this decision.

The Office maintains that the Portuguese word ‘OVOS’ immediately informs consumers without further reflection that the goods applied for at issue – apparatus for cooking in class 11 and household containers; kitchen containers in class 21 – are particularly made for eggs, such as egg cookers and egg containers.

Therefore, the mark conveys obvious and direct information regarding the kind and quality of the goods in question.

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) EUTMR and Article 7(2) EUTMR, the application for European Union trade mark No 18 010 013 is hereby rejected in part for the following goods:

Class 11 Apparatus for cooking.

Class 21 Household containers; kitchen containers.

The application may proceed for the remaining goods, namely:

Class 9 Fire-resistant gloves; gloves for protection against accidents.

Class 11 Apparatus for refrigerating.

Class 21 Oven mitts; citrus squeezers; spice grinders, herb grinders, salt and pepper grinders (non-electric); household or kitchen utensils.

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