Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 05/12/2018

SILEX IP

Poeta Joan Maragall 9, Esc. Izq., 3º Izq.

E-28020 Madrid

ESPAÑA

Application No:	017898616
Your reference:	2018/11168
Trade mark:	ribasso
Mark type:	Figurative mark
Applicant:	ESSO TEKSTIL SANAYI VE DIS TICARET LIMITED SIRKETI Giyimkent Cami Bulvari, E6 B157 No: 32 Esenler-Istanbul TURQUÍA

The Office raised an objection on 02/07/2018 pursuant to Article 7(1)(b) 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 the figurative sign ‘RIBASSO’ would not be perceived by the relevant Italian-speaking consumers as an indication of commercial origin, but merely as informing that the retail and wholesale services offer a reduction or discount. The stylised elements, consisting of capital letters in a standard font type, are so negligible in nature that they do not endow the trade mark as a whole with any distinctive character.

After an extension of two months, 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 Article 7(2) EUTMR, the application for European Union trade mark No 17 898 616 is hereby rejected for the following services:

Class 35 The bringing together, for the benefit of others, of clothing, including underwear and outerclothing, other than special purpose protective clothing, socks, mufflers [clothing], shawls, bandanas, scarves, belts [clothing], footwear, shoes, slippers, sandals, headgear, hats, caps with visors, berets, caps [headwear], skull caps, enabling customers to conveniently view and purchase those goods; such services may be provided by retail stores, wholesale outlets, through mail order catalogues or by means of electronic media, for example, through web sites or television shopping programmes.

The application may proceed for the remaining goods and services, namely:

Class 25 Clothing, including underwear and outerclothing, other than special purpose protective clothing; socks, mufflers [clothing], shawls, bandanas, scarves, belts [clothing]; footwear, shoes, slippers, sandals; headgear, hats, caps with visors, berets, caps [headwear], skull caps.

Class 35 Advertising, marketing and public relations; organization of exhibitions and trade fairs for commercial or advertising purposes; design of advertising materials; provision of an online marketplace for buyers and sellers of goods and services; office functions; secretarial services; arranging newspaper subscriptions for others; compilation of statistics; rental of office machines; systemization of information into computer databases; telephone answering for unavailable subscribers; business management, business administration and business consultancy; accounting; commercial consultancy services; personnel recruitment, personnel placement, employment agencies, import-export agencies; temporary personnel placement services; auctioneering.

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.

Anja Pernille LIGUNA