Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 18/08/2020

L'INTESA PROMOTIVE S.R.L.

Ramona Florea

DN 59, KM8+550 M STANGA, SAD 11, TIMIS

307221 CHISODA

RUMANIA

Application No:	018213909
Your reference:
Trade mark:	AIR+ INDUSTRIAL FILTRATION
Mark type:	Figurative mark
Applicant:	L'INTESA PROMOTIVE S.R.L. DN59 KM8+550m stanga, SAD11, Jud. Timis 307221 Chisoda RUMANIA

The Office raised an objection on 09/04/2020 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 application is for the figurative mark .

The sign for which registration is sought describes certain characteristics of the following goods:

Class 11 (RO): Filtre de aer pentru instalații industriale.

Class 11 (EN): Air filters for industrial installations.

The Office maintains its opinion that the goods in respect of which an objection has been raised belong to a highly specialised market sector and that the relevant English-speaking consumer, namely a professional in the industrial field and/or industrial air filtration market, would understand the sign as having the following meaning: better or extra air for the filtration used in industry.

In the notice of grounds for refusal, the Office provided the following dictionary definitions for the words contained in the mark:

air ‘the mixture of gases which forms the Earth’s atmosphere and which we breathe’ (information extracted from Collins English Dictionary on 08/04/2020 at https://www.collinsdictionary.com/dictionary/english/air ).

+ the mathematical symbol ‘+’.

The mathematical symbol ‘+’ is commonly used to indicate something additional (additional values, additional features), or an advantage or benefit. It is a universally known and banal symbol that refers to a positive or additional element and will be perceived by the relevant public as referring to a certain quality or characteristic of such goods in that they provide better or extra of that quality/characteristic (27/11/2018, T‑824/17, H2O+ (fig.), EU:T:2018:843, § 30).

industrial used to ‘describe things which relate to or are used in industry’, of, relating to, derived from, or characteristic of industry (information extracted from Collins English Dictionary on 08/04/2020 at https://www.collinsdictionary.com/dictionary/english/industrial ).

filtration ‘the process of filtering a substance’ (information extracted from Collins English Dictionary on 08/04/2020 at https://www.collinsdictionary.com/dictionary/english/filtration ).

The sign will be easily understood by the relevant consumers as informing them that the goods allow enhanced, additional air to be filtered, and are intended to be used for air filtration of industrial installations. The verbal element ‘INDUSTRIAL FILTRATION’ will be understood as meaning that the goods are to be used in industry for filtering a substance (i.e. air, more air). Therefore, the expression ‘AIR+ INDUSTRIAL FILTRATION’ merely indicates to the relevant consumer that the goods (filters) are to be used for industrial installations and provide more or enhanced air or consist of a better air filter that will allow enhanced air filtration and thus provide a better experience.

The sign also has certain figurative elements. The term ‘AIR’ is in upper-case letters, with its first letter resembling the Greek ‘delta’ – which is a common replacement for ‘A’. ‘AIR’ is followed by the symbol ‘+’. All these elements are depicted on the top line, in a larger font. On the lower line, is the wording ‘INDUSTRIAL FILTRATION’, in a smaller font than ‘AIR+’, and in which the letter ‘A’ of both words is replaced by the stylised Greek ‘delta’ symbol. All of these elements are in blue. Notwithstanding its figurative depiction, however, it is clear that the sign, with respect to the relevant goods, is an exclusively descriptive indication within the meaning of Article 7(1)(c) and Article 7(2) EUTMR, as it refers only to the kind, quality and intended purpose of the goods in question.

Given that the sign has a clear descriptive meaning, it is also devoid of any distinctive character and therefore objectionable under Article 7(1)(b) EUTMR, as it is incapable of performing the essential function of a trade mark, which is to distinguish the goods or services of one undertaking from those of other undertakings.

In addition, in the notice of grounds for refusal of 09/04/2020, the Office presented the results of an internet search dated 08/04/2020, which revealed that the words in question are commonly used in the relevant market (six hits).

The Office maintains its opinion that, although the sign for which protection is sought contains certain figurative elements that confer upon it a degree of stylisation, the nature of these elements is so negligible that they do not endow the trade mark as a whole with any distinctive character. These elements do not possess any feature regarding the way in which they are combined that allows the mark to fulfil its essential function for the goods for which protection is sought.

The applicant failed to submit observations. 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 figurative European Union trade mark No 18 213 909 ‘AIR+ INDUSTRIAL FILTRATION’ 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.

Roxana PISLARU