Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 20/07/2020

Isabelle Bertaux

55 rue Ramey

F-75018 PARIS

FRANCIA

Application No:	018214611
Your reference:	IBE2020TM0325
Trade mark:	Lifesaving
Mark type:	Word mark
Applicant:	SHANDONG LIFE MEDICAL TECHNOLOGY CO., LTD. 1966, Sichou Road, Zhoucun District, Zibo City, Shandong Province, REPÚBLICA POPULAR DE CHINA

The Office raised an objection on 06/05/2020 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. The relevant English-speaking consumer would understand the sign as meaning ‘intended to save life’. Therefore, the sign describes the intended purpose of the goods in question.

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 18 214 611 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.

Marina TOMIĆ