Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 21/11/2019

NeuroReality

Herengracht 499

NL-1017BT Amsterdam

PAÍSES BAJOS

Application No:	018097523
Your reference:
Trade mark:	NeuroReality
Mark type:	Word mark
Applicant:	NeuroReality Herengracht 499 NL-1017BT Amsterdam PAÍSES BAJOS

Summary

The Office raised an objection on 29/08/2019 pursuant to Article 7(1)(b), (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 of objection, which forms an integral part of this decision.

The Office maintains that the relevant English-speaking consumer would understand the mark ‘NeuroReality’, taken as a whole, as having the meaning ‘real facts about the nerves or the nervous system’ or ‘a reality that is driven by technologies that interface directly with the human brain’. On seeing the mark ‘NeuroReality’ applied to the goods, the relevant consumers would perceive the sign as providing information that the goods (Class 10) relate to neuroreality or are intended to be used in such a context or that the goods (Class 16) concern facts about nerves or nervous system or the reality that is driven by technologies that interface directly with the human brain. Therefore, the sign describes the intended purpose of the goods in question and other characteristics such as the subject matter or the goods concerned. Given that the sign has a clear descriptive meaning, it is also devoid of any distinctive character

Decision

Pursuant to Article 94 EUTMR, it is up to the Office to take a decision based on reasons or evidence on which the applicant has had an opportunity to present its comments.

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 18 097 523 is hereby rejected for the following goods:

Class 10 Medical and veterinary apparatus and instruments.

Class 16 Printed matter; Stationery and educational supplies.

The application may proceed for the remaining goods, namely:

Class 16 Bags and articles for packaging, wrapping and storage of paper, cardboard or plastics; Decoration and art materials and media; Paper and cardboard; Works of art and figurines of paper and cardboard, and architects' models.

Class 25 Clothing; Headgear.

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.

Tuula RAJALA

ATTACHMENT Notice of grounds for refusal of application for a European Union trade mark (Article 7 and Article 42(2) EUTMR), 29/08/2019, 5 pages