Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 27/05/2019

DENTONS EUROPE AARPI

5, boulevard Malesherbes

F-75008 Paris

FRANCIA

Application No:	017913021
Your reference:	0274729.0002-ILE-ISA
Trade mark:	Fashion Insider
Mark type:	Word mark
Applicant:	OBO 19, rue Béranger F-75003 Paris FRANCIA

The Office raised an objection on 07/07/2018 pursuant to Article 7(1)(b) and (c) and Article 7(2) EUTMR because it found that the trade mark applied for is descriptive and devoid of any distinctive character, for the reasons set out in the attached letter.

The applicant submitted its observations on 04/09/2018, to which the Office replied with a new objection on 09/03/2019.

The sign has not been considered eligible for registration in that it describes certain characteristics of the goods and services for which protection is sought. The relevant public would perceive the sign as providing information that all of the goods and services applied for are provided by a company, which knows more about fashion than other people, and so that their content in the field of fashion would be of better quality. Therefore, the sign describes the quality and the subject matter of the goods and services in question.

Given that the sign has a clear descriptive meaning, it is also devoid of any distinctive character and therefore objectionable under Article 7(1)(b) EUTMR, as it is incapable of performing the essential function of a trade mark, which is to distinguish the goods or services of one undertaking from those of other undertakings.

The applicant failed to submit observations within the time limit. For the reasons set out in the letter of objection, and pursuant to to Article 7(1)(b) and (c) and Article 7(2) EUTMR, the application for European Union trade mark No 17 913 021  is hereby rejected for all the goods and services claimed.

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.

Brice LAUGIER