Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 08/05/2018

MARKS & CLERK LLP

90 Long Acre

London

WC2E 9RA

REINO UNIDO

Application No:	017731506
Your reference:	JAC/TN828621EMA
Trade mark:	Tough
Mark type:	Word mark
Applicant:	YKK CORPORATION 1, Kanda Izumi-cho, Chiyoda-Ku Tokyo 101-8642 JAPÓN

The Office raised an objection on 01/02/2018 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, taken as a whole, the word ‘Though’ immediately informs consumers without further reflection that the goods applied for represent diverse haberdashery articles which are simply strong, resilient and/or durable. Therefore, the mark conveys obvious and direct information regarding the kind and quality of the goods in question.

The holder failed to submit observations within the time limit. For the reasons set out in the letter of objection, and pursuant to Article 7(1)(b) and (c) EUTMR and Article 7(2) EUTMR, the application for European Union trade mark No 17 731 506 is hereby rejected for all the 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.

Robert KLECUN