Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 27/07/2020

Stolmár & Partner Patentanwälte PartG mbB

Blumenstr. 17

D-80331 München

ALEMANIA

Application No:	018181716
Your reference:	38421-WLI-M-EM
Trade mark:	EPT–Environmental Protection Technology for Storage Tanks GmbH
Mark type:	Word mark
Applicant:	EPT–Environmental Protection Technology for Storage Tanks GmbH Passower Chaussee 111, Gebäude H 122 D-16303 Schwedt/Oder ALEMANIA

The Office raised an objection on 25/01/2020 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, which forms an integral part of this decision.

The relevant consumer would perceive the sign in relation to the goods and services for which protection is sought. In the present case, the relevant English-speaking consumer would understand the sign as having the following meaning: A German company which develops storage tanks which are environmentally friendly.

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)(c) and Article 7(2) EUTMR, the application for European Union trade mark No 18 181 716 is hereby rejected for all the goods and services 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.

Alistair BUGEJA