Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 04/06/2018

PLASTILYS SARL

c/o Bruno Blondeau

Za Des Granges Hautes, rue Du Bief Perou

F-21130 Auxonne

FRANCIA

Application No:	017873521
Your reference:	FISHING_PERFORMANCE
Trade mark:	FISHING PERFORMANCE
Mark type:	Word mark
Applicant:	PLASTILYS SARL c/o Bruno Blondeau Za Des Granges Hautes, rue Du Bief Perou F-21130 Auxonne FRANCIA

The Office raised an objection on 28/03/2018, pursuant to Article 7(1)(b) EUTMR and Article 7(2) EUTMR, because it found that the trade mark applied for is not eligible for registration, for the reasons set out in the attached letter, which forms an integral part of this decision.

The sign for which protection is sought, FISHING PERFORMANCE, would simply be perceived by the relevant public as a promotional slogan, the function of which is to communicate a characteristic of the goods. Moreover, in the present case, the relevant public will not tend to perceive any particular indication of commercial origin in the sign beyond the promotional information conveyed, which merely serves to highlight positive aspects of the goods in question, namely that they are intended for fishing and angling actions and that they will perform well.

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)(b) EUTMR and Article 7(2) EUTMR, the application for European Union trade mark No 17 873 521 is hereby rejected for all the goods applied for.

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.

Gueorgui IVANOV