Refusal of application for a Community trade mark

(Article 7 CTMR and Rule 11(3) CTMIR)

Alicante, 10/02/2016

BRIFFA

Business Design Centre

52 Upper Street

Islington

London N1 0QH

REINO UNIDO

Application No:	014579304
Your reference:	SR/8806
Trade mark:	DOMU
Mark type:	Word mark
Applicant:	Designer Habitat Limited Floors 4 & 5 The Tower Deva City Office Park Trinity Way Salford M3 7BF REINO UNIDO

The Office raised an objection on 02/10/2015 pursuant to Article 7(1) CTMR because it found that the trade mark applied for is not eligible for registration under Article 7(1)(b) and (c) and Article 7(2) CTMR, for the reasons set out in the attached letter.

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) CTMR, the application for Community trade mark No 14 579 304 is hereby rejected for all the services claimed, namely for:

Class 35 Advertising and promoting; advertising services provided via the Internet; business information; business inquiries; customer service management; demonstration of goods; design of advertising materials; dissemination of advertising matter; distribution of samples; enabling customers to conveniently view and purchase goods; international marketing services; marketing; organization of exhibitions for commercial or advertising purposes; organization of trade fairs for commercial or advertising purposes; presentation of goods on communication media, for retail purposes; providing business information via a web site; publicity; updating of advertising material; retail and advertising services connected with drilling machines, sanders, grinders, air-driven screwdrivers and jigsaws, blowing machines, electric hammers, spray guns, saws, shredders [machines], garden vacuums, spraying machines, spraying apparatus for dispensing disinfectants and cleaning solutions, hair cutting machines for animals, lawn mowers, cultivating machines, electric motors, drilling, cutting and grinding machines, spraying machines, fertilizing machines, knitting machines, sewing machines, vehicle washing and/or polishing installations, aerating pumps for aquaria, air pumps, woodworking machines, fuel and gasoline dispensing pumps for service stations, parts and fittings for all the aforesaid, hand operated equipment used in agriculture, horticulture and forestry, for the construction of machines, apparatus and vehicles, and for structural engineering, shears and knives for garden use, fruit de-corers, tools for planting flowers (hand-operated gardening tools), cactus tongs, shovels, spades, scythes, saws, hand pumps, wall mounting products for TV's and all other audio visual products, TV bracket for the purpose of attaching a Television/Monitor to a wall, Stands that support all audio visual products such as TV, DVD player, TV stand including glass TV stand with integrated TV brackets, teaching apparatus and instruments, nautical, photographic, cinematographic, measuring and photocopying apparatus and instruments, batteries, calculators, computers, computer hardware, computer software, apparatus for recording, transmission, reception, processing or reproduction of sound, images and/or data, magnetic data carriers, data processing equipment, data terminals, electronic apparatus and instruments, all for processing, logging, storing, transmission, reception, display and/or printout of data, radio receiving and transmitting apparatus, electrical intercommunications apparatus and instruments, satellite transmitters and receivers, sound amplifying and sound reproducing apparatus and instruments, digital versatile disc players, gramophone records, photographic films, magnetic tapes, compact discs, cassettes, cartridges, television sets, video recorders, recording head cleaning tapes, loudspeakers, megaphones, karaoke apparatus and instruments, video game cartridges, video telephones, fire extinguishing apparatus, fire alarms, fire blankets, answering machines, binoculars, camcorders, cameras, contact lenses, electrical door bells, burglar alarms, security lights, smoke detectors, luminous beacons, spectacle frames and glasses, sunglasses, vehicle breakdown warning triangles, telephone directory databases, but not including electronic timers and counters, electro-mechanical plug-in relays, sockets, breathing apparatus for underwater swimming, swimming belts and swimming jackets, floats for bathing and swimming, life-belts, life jackets, divers' apparatus, life-saving apparatus and equipment, bullet proof waistcoats, barometers, buoys, metal detectors, distance measuring apparatus, dog whistles, dosage dispensers, magnetic encoders, magnetic encoded cards and cards bearing machine readable information, identity cards, bank cards, credit cards, cheque cards, cash cards, cards bearing magnetic data media, debit cards, smart cards, floppy disks, tyre gauges, gas testing instruments, protective helmets, holograms, magnets, telephone apparatus and instruments, telephones, mobile telephones and telephone handsets, adapters for use with telephones, battery chargers for use with telephones, desk or car mounted units incorporating a loudspeaker to allow a telephone handset to be used hands-free, in-car telephone handset cradles, bags and cases specially adapted for holding or carrying portable telephones and telephone equipment and accessories, computerised personal organisers, aerials, microprocessors, keyboards, modems, monitoring (other than in-vivo monitoring) apparatus and instruments, parts and fittings for all the aforesaid goods, laptop computer bags, wash hand basins, parts and fittings for the aforesaid goods, taps (faucet), mixer taps (faucets), watches, jewellery and imitation jewellery, jewellery cases (caskets), not of precious metal, musical instruments, musical boxes, musical stands, paper, printed plastic cards, printed cards, bank cards, cash cards, debit cards, credit cards, cheque cards, cheques, cheque books, address stamps and machines, modelling materials, greetings cards, table linen of paper, teaching materials, terrestrial globes, tickets and timetables, paper tissues for removing make up, paper towels, wrapping paper, writing slates and tablets, cardboard, printed matter, periodical publications, books, magazines, newspapers, photographs, stationery, adhesives materials, and tapes, paint brushes, office requisites, copying and recording paper, drawing and painting instruments and requisites, easels, paintings, posters, postcards, bags for microwave cooking, paper replacement bags for vacuum cleaners, bags of paper or of plastics, plastic cling film, toilet paper, albums and almanacs, babies' diapers and napkin-pants, blackboards, blinds of paper, bookends, bubble packs, catalogues, chalk, erasing articles, fountain pens and nibs, paperweights, photograph holder (other than frames), leather and imitation of leather, animal skins, hides, trunks and travelling bags, umbrellas, parasols and walking sticks, luggage, bags, suitcases, cabin bags, garment carriers, washbags, trolley bags, briefcases, pilot bags, attache cases, handbags, vanity bags, folio cases, duffel bags, back-packs, wheeled tote bags, shopper bags, garment carriers and bags, straps, money belts, bumbags, pouches, bedroom furniture, beds, mattresses, living room furniture, sofas, chairs, dining room furniture, dining sets, tables, chairs, kitchen furniture, garden furniture sets, tables, chairs, loungers, bathroom furniture, wardrobes, mirrors, picture frames, chests of drawers, cupboards, plate racks, wickerwork, shelves, tables, computer trolleys, armchairs, settees, seats, easy chairs, bedding (except linen), mattresses, bed bases, bed frames, works of art of wood, wax, plaster, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics, coats hangers, garment covers (wardrobes), cushions, pillows, curtain rings, curtain rods, carpet rods, curtain holders, not of textile material, boxes made of wood and boxes made of plastic, letter boxes, not of metal or masonry, toy chests, flower pot pedestals, flower stands, newspaper display stands, umbrella stands, clothes hooks (non metallic), furniture casters (non metallic), baskets not of metal, wickerwork, office furniture, garden furniture, cases of wood or plastic, photograph frames, soft furnishings and accessories for all house including bedroom, living room, dining room, garden, and bathroom, fabrics for textile use, cotton fabrics (other than for clothing), sheets, duvets, bed linen, household linen, bath linen, curtains of textile, upholstery fabrics, wall hangings of textile, cushion covers, furniture covering of plastic, leather and textile, upholstery fabrics, toys, games, playthings and dolls, gymnastic and sporting articles, decorations and artificial snow for Christmas trees, synthetic Christmas trees, Christmas crackers, marionettes, playing cards, confetti, poker sets and poker related accessories, chips, card shufflers, poker tables.

Class 39 Delivery and distribution services; delivery of goods by mail order; delivery of goods; inspection of goods before transport; international distribution services; packaging of goods; shipping services; storage / warehousing; storage information; storage of goods; transport; transporting furniture; travel arrangement; wrapping of goods; advice, information and consultancy services relating to all of the foregoing.

According to Article 59 CTMR, you have a right to appeal this decision. According to Article 60 CTMR, notice of appeal must be filed in writing with the Office within two months of the date of notification of this decision. 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 800 has been paid.

Monika Karolina SZALUCHO