Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 23/05/2018

Margus Sarap

Kompanii 1C

EE-51004 Tartu

ESTONIA

Application No:	017361511
Your reference:	487/KM9-EU
Trade mark:	SALMARI
Mark type:	Word mark
Applicant:	OY SHAMAN SPIRITS LTD Tehtaantie 5 FI-91800 TYRNÄVÄ FINLANDIA

The Office raised an objection on 16/03/2018 pursuant to Article 7(1) EUTMR because it found that the trade mark applied for is not eligible for registration under Article 7(1)(b) and (c) EUTMR and Article 7(2) EUTMR, for the reasons set out in the attached letter, which forms an integral part of this decision.

The Office maintains that the expression SALMARI immediately informs consumers without further reflection that the goods are alcoholic drinks with a liquorice flavour, or preparations for making such drinks. Therefore, the sign describes the kind, ingredient and flavour of the goods.

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) EUTMR, the application for European Union trade mark No 017361511 is hereby rejected for the following goods:

Class 33 Alcoholic beverages (except beer); Preparations for making alcoholic beverages; Spirits and liquors; Aperitifs; Bitters; Cocktails; Low alcoholic drinks; Pre-mixed alcoholic beverages; Alcoholic extracts; Fruit extracts, alcoholic; Alcoholic essences; Cream liqueurs; Distilled beverages; Extracts of spiritous liquors; Flavored tonic liquors; Herb liqueurs; Liqueurs; Schnapps; Spirits [beverages].

The application may proceed for the remaining goods, namely for “cider”.

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.

Cecilia ÅLIN