Refusal of application for a European Union trade mark

(Article 7 EUTMR and Rule 11(3) EUTMIR)

Alicante, 19/12/2016

STOBBS

Endurance House, Vision Park, Chivers Way

Cambridge CB24 9ZR

UNITED KINGDOM

Application No:	14 795 017
Your reference:	2034/10308/CLS/VER
Trade mark:
Mark type:	Figurative mark
Applicant:	Iglo Foods Group Limited 5 New Square, Bedfont Lakes Business Park Feltham, Middlesex TW14 8HA UNITED KINGDOM

1. Summary of the facts

1. The Office raised an objection on 07/01/2016

• pursuant to Article 7(1)(h) EUTMR in relation to all the goods and services for which registration is sought, because it found that the trade mark applied for contains an element which consists of an imitation from a heraldic point of view of the flag of the Republic of Austria, and

• pursuant to Article 7(1)(k) EUTMR in relation to some of the goods applied for registration in Class 29, namely preserved, frozen, dried and cooked vegetables, because it found that the mark contains the designation ‘MARCHFELD’ which is a significant part of the geographical indication ‘Marchfeldspargel’ protected for fruit, vegetables and cereals, fresh or processed.

2. The applicant submitted its observations within the extended time limit, on 12/05/2016.

3. After giving due consideration to all the applicant’s arguments, the Office:

• concluded the objection raised pursuant to Article 7(1)(k) EUTMR had been overcome by the applicant’s limitation of the list of the goods and services which, in relation to the objectionable goods in Class 29, now reads: preserved, frozen, dried and cooked vegetables in conformity with the specification of the ‘Marchfeldspargel’;

• decided to maintain the objection raised pursuant to Article 7(1)(h) EUTMR, for all the reasons explained in the Office’s letter of 17/05/2016.

By the same letter of 17/05/2016, the applicant was given a new, two-month time limit to submit the authorisation from the competent authorities of the Republic of Austria for the registration of the mark at issue.

4. The second extension of the time limit for submitting the required authorisation was granted by the Office’s letter of 18/07/2016. The extended time limit expired on 17/09/2016 and, by the date, the authorisation for the registration of the mark applied for had not been submitted.

2. Decision

The application for European Union trade mark No 14 795 017 is hereby refused pursuant to Article 7(1)(h) EUTMR for all the goods and services for which registration is sought, for all the reasons indicated in the letters of provisional refusal of 07/01/2016 and 17/05/2016, and in this decision.

3. Right to appeal

According to Article 59 EUTMR, you have a right to appeal against this decision. According to Article 60 EUTMR, 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 720 has been paid.

Mirjana PUSKARIC