Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 23/08/2018

MATHYS & SQUIRE LLP

Abbey House 32 Booth Street

Manchester Lancashire M2 4AB

REINO UNIDO

Application No:	17 874 915
Your reference:	T16584EU
Trade mark:	BLUE COTTON
Mark type:	Word mark
Applicant:	John Cotton Group Limited Nunbrook Mills Mirfield, West Yorkshire WF14 0EH REINO UNIDO

The Office raised a partial objection on 26/04/2018 pursuant to Article 7(1)(b) and (c) 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 Office maintains that, taken as a whole, the words ‘BLUE COTTON’ immediately inform consumers without further reflection that the goods at issue in Class 17 – insulating and insulation materials – are made or derived from cotton fabrics such as blue jeans or denim clothing. Therefore, the mark conveys obvious and direct information regarding the kind and quality of the goods in question.

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) and (c) and Article 7(2) EUTMR, the application for European Union trade mark No 17 874 915 is hereby partially rejected for the following goods claimed, namely:

Class 17 Insulating and insulation materials; insulating linings for boxes; thermal insulating materials; insulating materials for use in boxes; thermal insulating linings and inserts for boxes.

The application may proceed for the remaining goods, namely:

Class 16 Packaging; packaging made of paper; packaging made of cardboard; packaging materials, packaging materials at least partially of corrugated paperboard or cardboard, boxes; packaging for the transport of temperature sensitive goods, substances and materials.

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.

Finn PEDERSEN