Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 28/11/2019

CAMUS LEBKIRI

25, Rue de Maubeuge

F-75009 Paris

FRANCIA

Application No:	018095518
Your reference:	61761UE
Trade mark:	RECEPTOR
Mark type:	Word mark
Applicant:	Airbus Defence and Space Limited Gunnels Wood Road Stevenage SG1 2AS REINO UNIDO

The Office raised a partial objection on 14/08/2019 pursuant to Article 7(1)(b) 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.

In the present case, the Office found that the contested sign would be simply perceived by the relevant public as non-distinctive word, the function of which is to identify the receiving end of an encrypted message. The word merely implies that through applicant’s goods and services the encrypted messages will be delivered to one of the parties in an encrypted message exchange. Due to this, the word would not function as a trade mark for the relevant public.

The applicant failed to submit observations within the time limit.

The Office notes that on 31/07/2019 the Office issued the notice to amend classification of the list of goods and services, namely to transfer the term ‘installation and maintenance of encryption software’ from Class 37 to Class 42. On 06/09/2019 the applicant amended the list of goods and services accordingly to the notice issued by the Office.

For the reasons set out in the letter of objection, and pursuant to Article 7(1)(b) and Article 7(2) EUTMR, the application for European Union trade mark No 18095518 is hereby rejected for the following goods and services (according to the amended specification):

Class 9 Electronic encryption apparatus; encryption software.

Class 42 Data encryption services; consultancy services relating to encryption, decryption and authentication of information, messages and data.

The application may proceed for the remaining services:

Class 37 Installation and maintenance of encryption hardware.

Class 42 Installation and maintenance of encryption software.

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.

Julija SIRVINSKIENE