Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 04/10/2019

Charter Brands Limited

12 Vaughan Parade

Torquay Devon TQ2 5EG

REINO UNIDO

Application No:	017902107
Your reference:
Trade mark:	MACS RESERVE
Mark type:	Word mark
Applicant:	Charter Brands Limited 12 Vaughan Parade Torquay Devon TQ2 5EG REINO UNIDO

On 15/07/2019, the Office raised a partial objection pursuant to Article 7(1) k) EUTMR because it found that the trade mark applied for was not eligible for registration.

The Office took the view that the sign for which you seek protection is considered a misuse of the traditional term for wine ‘Reserve’, which is protected under Regulation (EC) No 1308/2013 of 17/12/2013 for wines, as confirmed by the following extract from the E-Bacchus database:

This Office informed the applicant that this ground for refusal may be overcome by limiting the abovementioned goods related to the traditional term of wine in Class 33 as follows:

Wine complying with the definitions/conditions of use of the traditional term for wine

‘Reserve’; alcoholic beverages (except beers and wine).

The applicant failed to submit observations within the set time limit. For the reasons set out above, which are further explained in the letter of objection, which is attached and forms an integral part of this decision, and pursuant to Article 7(1) EUTMR, the application for European Union trade mark No 017 902 107 is hereby rejected in part, namely for:

Class 33 Alcoholic beverages (except not including beer).

The application will proceed accordingly for the following goods:

Class 33 Whiskey, Whisky.

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.

Robert MULAC