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EUIPO appeal board grants trademark protection for mobility tech firm, awards appeal fee reimbursement

( November 11, 2024, 17:35 GMT | Official Statement) -- MLex summary: The EU Intellectual Property Office’s Fourth Board of Appeal annulled a contested decision and granted protection to mobility technology developer Defcon AI Inc. for the mark “SIMULATION FABRIC.” The examiner initially refused protection, finding that the sign was purely descriptive. After the American company partially withdrew its appeal and amended its list of goods and services, the appeal was narrowed to goods and services related to logistics and mobility for transportation planning, and the Board found the reasons for the examiner’s refusal was no longer applicable. The Board also found that Defcon AI’s right to be heard was infringed because the examiner didn't notify Defcon AI of the refusal of the restriction of the amended list. The Board ruled, therefore, that Defcon AI was entitled to be reimbursed the appeal fee due to the “substantial procedural violation.”See court document attached....

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