Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 13/11/2019

Clear Logistics S.a r.l.

Port de Mertert

L-6688 Mertert

LUXEMBURGO

Application No:	018110815
Your reference:
Trade mark:	CLEAR LOGISTICS
Mark type:	Word mark
Applicant:	Clear Logistics S.a r.l. Port de Mertert L-6688 Mertert LUXEMBURGO

The Office raised an objection on 03/09/2019 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 relevant English-speaking consumer would understand the sign as having the following meaning: comprehensible organisation and implementation of a complex operation.

The sign for which protection is sought, ‘CLEAR LOGISTICS’, would simply inform consumers that software; logistics software in Class 9 facilitate the managing of logistical affairs in a comprehensible way.

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 Article 7(2) EUTMR, the application for European Union trade mark No 18 110 815 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.

Ivo TSENKOV