Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 01/07/2019

VALEA AB

Lilla Bommen 3a

SE-405 23 Göteborg

SUECIA

Application No:	018036623
Your reference:	TG9536EU00
Trade mark:
Mark type:	Figurative mark
Applicant:	Volvo Construction Equipment AB Bolindervägen 100 SE-631 85 Eskilstuna SUECIA

The Office raised an objection on 17/04/2019 pursuant to Article 7(1)(b) and (c) EUTMR and Article 7(2) EUTMR because it found that the trade mark applied for is descriptive and devoid of any distinctive character, for the reasons set out in the attached letter.

The applicant did not submit any observations within the set time limit.

The Office maintains that the mark as a whole is descriptive and devoid of any distinctive character of the goods applied for as it simply indicates that they are automatically controlled through e.g. a computer system and software.

The stylised elements of the mark, being a common typeface, do not render the mark distinctive.

For the abovementioned reasons and pursuant to Article 7(1)(b) and (c) EUTMR and Article 7(2) EUTMR, the application for European Union trade mark No 18 036 623 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.

Anne-Lee KRISTENSEN