[Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 28/06/2018

BRISTOWS LLP

100 Victoria Embankment

London EC4Y 0DH

UNITED KINGDOM

Application No:	17 262 213
Your reference:
Trade mark:	ELEGANT ELBE
Mark type:	Word mark
Applicant:	Viking River Cruises (Bermuda) Ltd. Clarendon House, 2 Church Street Hamilton HM 11 BERMUDA

The Office raised an objection on 17/10/2017, pursuant to Article 7(1)(b) and (c) and Article 7(2) EUTMR, because it found that the trade mark applied for is descriptive and non-distinctive in relation to all the services for which registration is sought, for the reasons set out in the attached notice of provisional refusal, which forms an integral part of this decision.

The applicant submitted its observations on 15/12/2017. In its reply to the applicant’s observations of 12/02/2018, the Office maintains that the mark, per se, is non-distinctive in relation to the following services:

Class 39 Transport of passengers; arranging of cruise services; cruise ship services; travel agency services, namely, making reservations and taking bookings for transportation of passengers; transport services for sightseeing travel tours; scheduling, arranging and booking of cruises; reservation services for transportation; cruise ship reservation services; providing transport for excursions; provision of travel and transport information to tourists and business travelers.

The Office considers that the relevant public, when encountering the mark in relation the above-indicated services, would perceive it merely as a banal advertising slogan conveying a motivational / value statement, rather than as an indication of commercial origin thereof. It would only inform all potential users that the applicant’s services enable them to experience an elegant voyage and discover beauties of the Elbe River and elegant cities, towns villages, restaurants, along this river.

By the same Office letter, the applicant was given an opportunity to submit further observations within the time limit of two months. This time-limit, which had been extended by the Office letter of 16/04/2018, expired on 17/06/2018, and the applicant did not submit any new observations.

For the reasons set out in the notices of provisional refusal, and pursuant to Article 7(1)(b) and Article 7(2) EUTMR, the application for European Union trade mark No 17 262 213, ELEGANT ELBE, is hereby refused for the following services:

Class 39 Transport of passengers; arranging of cruise services; cruise ship services; travel agency services, namely, making reservations and taking bookings for transportation of passengers; transport services for sightseeing travel tours; scheduling, arranging and booking of cruises; reservation services for transportation; cruise ship reservation services; providing transport for excursions; provision of travel and transport information to tourists and business travelers.

The application may proceed for the remaining services for which registration is sought, namely:

Class 39 Transport of goods; transportation of goods.

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.

Mirjana PUSKARIC