Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 09/07/2020

Projectum ApS

Tobaksvejen 2A

2860 Søborg

DENMARK

Application No:	018208509
Your reference:
Trade mark:	Team Planner
Mark type:	Word mark
Applicant:	Projectum ApS Tobaksvejen 2A 2860 Søborg DENMARK

The Office raised an objection on 20/03/2020 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.

In the present case, the relevant English-speaking consumer would understand the sign as having the following meaning: ‘a planner for teams’.

In line with the above and in an IT context, the relevant consumers would perceive the sign as providing information that the goods applied for in Class 9 are computer programs that help work teams estimate or plan the resources necessary to execute the stages in a project or a given job. Therefore, the sign describes the kind and the intended purpose of the goods in question.

Given that the sign has a clear descriptive meaning, it is also devoid of any distinctive character

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.

With the above notice (attached) the applicant was given opportunity to submit observations in reply. The Office has not received any observations within the specified time limit. Consequently, further argumentation is superfluous and the application is rejected for the reasons as stated 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 018208509 is hereby rejected.

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.

Jack CIEZA PASTOR