Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 08/03/2018

R&S consumer goods GmbH

Wasserburger Landstr. 264

D-81827 München

ALEMANIA

Application No:	017242306
Your reference:
Trade mark:	MY.SIZE
Mark type:	Word mark
Applicant:	R&S consumer goods GmbH Wasserburger Landstr. 264 D-81827 München ALEMANIA

Upon third party observations, the Office raised an objection on 22/12/2017 pursuant to Article 7(1)(b)(c) and (2) EUTMR because it found that the trade mark applied for is descriptive and devoid of any distinctive character for the reasons set out in the attached letter.

The applicant failed to submit observations within the time limit.

Upon further examination, the Office decided to maintain the objection.

The expression “MY.SIZE” simply transmits the message that the condoms offered are provided in the most suitable and adequate size for the customer, namely in my size. The message, that the condoms offered fit the customer’s size, could refer also to similar goods offered by other undertakings.

Consequently, taken as a whole, the sign for which protection is sought is descriptive and devoid of any distinctive character, and is not capable of distinguishing the goods to which an objection has been raised within the meaning of Article 7(1)(b) and (c) and Article 7(2) EUTMR.

For the reasons set out in the letter of objection, and pursuant to Article 7(1)(b)(c) and (2) EUTMR, the application for the above mentioned European Union trade mark is hereby rejected for the European Union for all the goods/services claimed.

Under Article 67 EUTMR, you have a right to appeal against this decision. In accordance with 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 for 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.

Alma - Lydia HASSENPFLUG EZQUERRO