Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 13/07/2018

BEVERAGE SERVICES LIMITED

1 A Wimpole Street

London W1G 0EA

REINO UNIDO

Application No:	017885906
Your reference:	81322962.AMAZINGALMOND.GG
Trade mark:	AMAZING ALMOND
Mark type:	Word mark
Applicant:	The Coca-Cola Company PO Box 1734 Atlanta, Georgia GE 30301 ESTADOS UNIDOS (DE AMÉRICA)

The Office raised an objection on 10/05/2018 pursuant to Article 7(1)(b)(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 relevant consumers would perceive the sign as providing information that the goods are drinks and beverages containing or consisting of almonds with amazing, great beyond expectations quality.

Therefore, the sign describes the kind and quality of the goods in question.

Consequently, taken as a whole, the sign for which protection is sought is descriptive

and devoid of any distinctive character, and is not capable of distinguishing the goods to which an objection has been raised within the meaning of Article 7(1)(b) and

(c) 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)(c) and Article 7(2) EUTMR, the application for European Union trade mark No 17 885 906 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 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.

Liina PUU