Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 12/06/2019

TRADEMARKROOM LIMITED

4 Brunswick Place

Southampton, Hampshire SO15 2AN

REINO UNIDO

Application No:	015227119
Your reference:	JC/TMR/STAR/17/03
Trade mark:
Mark type:	Figurative mark
Applicant:	Giovanni Maria Laporta 467 Whippendell Road Watford, Hertfordshire WD18 7PS REINO UNIDO

The Office raised an objection on 27/02/2019 pursuant to Article 7(1)(b) 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 features of the mark applied for are not distinctive. The trade mark consists of a simple geometric figure: a five-pointed black star. Such figurative elements are devoid of any distinctive character and therefore not capable of conveying a message that can be remembered by consumers. It is to be noted that consumers are not in the habit of assuming a commercial origin of a five-pointed black star in relation to goods in Class 9 and services in Classes 35, 36, 38 and 42 unless the particular arrangement is striking and memorable. In the present case, a basic geometric figure consisting of a five-pointed black star is not able to fulfil that requirement as this sign is too simple.

In the present case the sign for the goods in Class 9 will be perceived only as a decorative element and also conveys information about the quality of the goods. Regarding the services in Classes 35, 36, 38 and 42 the sign applied for it will be seen as a quality indication.

Taken as a whole, the mark applied for consists of non-distinctive element that the relevant public would fail to perceive immediately as an indication of the commercial origin of the goods and services.

The applicant failed to submit observations within the time limit and upon further examination, the Office decided to maintain the objection.

Since no further arguments have been presented nor further evidence has been submitted, the Office refers in full to the objection letter.

For the reasons set out in the letter of objection, and pursuant to Article 7(1)(b) EUTMR, the application for European Union trade mark No 15 227 119 is hereby rejected for all the goods and services 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.

ROMERO CABRERA Moises Paulo