Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 11/06/2020

SMART PROJECT GROUP GmbH i.G.

Otto-Bauer-Gasse

A-1060 Wien

AUSTRIA

Application No:	018204419
Your reference:
Trade mark:	SMART PROJECT GROUP
Mark type:	Word mark
Applicant:	SMART PROJECT GROUP GmbH i.G. Otto-Bauer-Gasse A-1060 Wien AUSTRIA

The Office raised an objection on 27/03/2020 pursuant to Article 7(1)(b) and (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 assessment of descriptiveness is based on how the relevant consumer would perceive the sign in relation to the goods for which protection is sought. Taken as a whole, the word combination ‘SMART PROJECT GROUP’ immediately informs consumers without further reflection that the services objected to are related to the SMART methodology in project management. SMART is an acronym where the letters depict Specific, Measurable, Achievable, Relevant, and Timebound. Therefore, the sign in question describes kind, quality, subject matter and intended purpose of the services for which protection is sought.  

Moreover, the sign would simply be perceived by the relevant public as a promotional laudatory message, the function of which is to communicate a value statement regarding the working methods of the service provider and its approach to organising work. 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 service provider, namely that it is an undertaking organised as a number of clever people associated together in a collaborative enterprise that is carefully planned to achieve a particular aim.

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 18 204 419 is hereby rejected for all the 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.

Marina TOMIĆ