Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 14/10/2019

Friedrich Johann Deimann

Haferwende 34

D-28357 Bremen

ALEMANIA

Application No:	018038719
Your reference:
Trade mark:	GREENBOATS
Mark type:	Word mark
Applicant:	Friedrich Johann Deimann Haferwende 34 D-28357 Bremen ALEMANIA

The Office raised an objection on 15/04/2019 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 considered that in the present case, the relevant English-speaking consumer would understand the sign ’GREENBOATS’ as having the following meaning: environmentally friendly boat; ecological water vessel; boat tending to benefit or causing minimal damage to the environment.

In light of the above, the relevant consumers would perceive the sign as providing information that the goods in class 12 are ecological, environmentally friendly boats. Moreover, with regard to the services applied for in class 42, the sign informs immediately and without the need for reflection that they are aimed at product research in the field of boats or water vessels which are beneficial to the environment or cause minimal damage to it. Therefore, the sign describes the kind and quality of the goods in question, as well as the intended purpose and subject matter of the services concerned.

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 018038719 is hereby rejected for the following goods and services:

Class 12	Vehicles.
Class 42	Product research.

The application will proceed accordingly for the remaining goods, namely:

Class 20

Furniture.

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.

Anna MAKOWSKA

Attachment: Notice of 15/04/2019 of absolute grounds for refusal