Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 13/07/2020

Alireza Malehmir

Portagatan37

SE-75423 Uppsala

SUECIA

Application No:	018195310
Your reference:
Trade mark:	Smart Exploration new ways to explore the subsurface
Mark type:	Figurative mark
Applicant:	Alireza Malehmir Portagatan37 SE-75423 Uppsala SUECIA

The Office raised an objection on 14/02/2020 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.

The Office noted that the sign for which protection is sought would simply be perceived by the relevant public as a promotional laudatory slogan. Moreover, in the present case, the relevant public will not tend to perceive any particular indication of commercial origin in the sign beyond the promotional information conveyed, which merely serves to highlight positive aspects of the services, namely that the services are exploration services that are performed in a clever/smart manner to explore/study/investigate the surface.

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 18 195 310 is hereby rejected for all the services claimed.

Päivi Emilia LEINO