Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 21/07/2020

Climate Machines FF AB

Hemvärnsgatan 9

SE-171 54 Solna

SUECIA

Application No:	018219104
Your reference:	CM-TM2020-1-EU
Trade mark:	ClimateMachine
Mark type:	Word mark
Applicant:	Climate Machines FF AB Hemvärnsgatan 9 SE-171 54 Solna SUECIA

The Office raised an objection on 08/05/2020 pursuant to Article 7(1)(b) EUTMR 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 maintains that the sign ClimateMachine would merely be perceived as providing information about the goods and services, e.g. that they are different kinds of machines and apparatus for the control of indoor climate, such as for heating, cooling or ventilating an indoor space, and that the aforementioned services are concerned with the installation, maintenance, repair, engineering, design etc. of such climate control machines.

There is no distinctive element in the mark, such as a fanciful logo or a company name that could be perceived as an indicator of commercial origin by the relevant public. The word combination “climate machine” should be kept free for other traders in the field to use to refer to machines (and related services) that control indoor climate conditions.

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) EUTMR and Article 7(2) EUTMR, the application for European Union trade mark No 018219104 is hereby rejected in part, namely for:

Class 11 Heating, ventilating, and air conditioning and purification equipment (ambient); Air treatment equipment; HVAC systems (heating, ventilation and air conditioning); Personal heating and drying implements; Drying installations; Burners, boilers and heaters; Refrigerating and freezing equipment; Filters for industrial and household use; Heating apparatus; Heating apparatus and installations; Anti-fog heating devices; Residential heating units; Heating units; Industrial heating apparatus; Industrial heating installations; Combined heating and air conditioning apparatus; Air heating installations; Domestic heating utensils; Refrigerating apparatus; Refrigerating installations; Commercial refrigeration units; Installations for the cooling of air; Heat exchangers for central heating purposes; Heat exchangers, other than parts of machines; Apparatus for ventilating; Aeration apparatus; Ventilating installations; Industrial ventilation apparatus; Ventilation terminals; Residential ventilating units; Extractors [ventilation or air conditioning]; Ventilation [air-conditioning] installations and apparatus; Filters for use with apparatus for ventilating; Air-conditioning apparatus; Air-conditioning installations; Central air conditioning installations; Residential air conditioning units; Air conditioning apparatus for industrial use; Air conditioning installations for industrial purposes; Central air-conditioning installations [for industrial purposes].

Class 37 HVAC (Heating, ventilation and air conditioning) installation, maintenance and repair; Repair of heating apparatus; Installation of apparatus for heating; Maintenance and repair of heating apparatus; Installation of heating and cooling apparatus; Advisory services relating to the installation of heating and cooling apparatus; Maintenance and repair of heating; Services for the repair of heat exchangers; Installation of apparatus for ventilating; Maintenance and repair of ventilating apparatus; Installation of apparatus for air-conditioning; Installation and repair of air-conditioning apparatus; Refurbishment of air conditioning plant; Installation of air conditioning apparatus for use in clean rooms.

Class 42 Technology services; Engineering services; Engineering consultancy services; Engineering design; Testing, authentication and quality control; Design services; Technical design services relating to cooling appliances and installations; Technical design services relating to heating installations; Industrial design; Design of heating; Technical design and planning of heating installations

The application will proceed accordingly for the remaining goods and services:

Class 11 Flues and installations for conveying exhaust gases; Gas cleaners and purifiers.

Class 37 Building, construction and demolition; Rental of tools, plant and equipment for construction, demolition, cleaning and maintenance.

Class 42 Science services.

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.

Cecilia ALIN