Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 27/07/2018

COLBERT INNOVATION TOULOUSE

2Ter Rue Gustave de Clausade BP 30

F-81800 RABASTENS

FRANCIA

Application No:	017865706
Your reference:	1871CTM
Trade mark:	myLabel
Mark type:	Word mark
Applicant:	ZHUHAI NINESTAR MANAGEMENT CO., LTD. 5A, BUILDING 1, NO. 3883, ZHUHAI AVENUE, ZHUHAI, GUANGDONG 519000 REPÚBLICA POPULAR DE CHINA

The Office raised an objection on 19/04/2018, 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 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 mark ‘myLabel’ would simply be perceived by the relevant public as a promotional laudatory slogan, the function of which is to communicate a customer service statement (highlighting positive aspects of the goods on offer (tagging materials and devices specifically designed to fully satisfy the individual needs of customers (e.g. that they are customised to meet individual needs or that they allow customisation)). Therefore, the sign in question is devoid of any distinctive character within the meaning of Article 7(1)(b) and Article 7(2) EUTMR.

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 17 865 706 is hereby rejected.

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 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.

Isabel DE ALFONSETI HARTMANN