Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 19/10/2018

HGF LIMITED

1 City Walk

Leeds, Leeds LS11 9DX

REINO UNIDO

Application No:	017923510
Your reference:	SYN0033742EM
Trade mark:	love.golf
Mark type:	Figurative mark
Applicant:	SYNGENTA PARTICIPATIONS AG Schwarzwaldallee 215 CH-4058 Basel SUIZA

The Office raised an objection on 03/08/2018 pursuant to Article 7(1) EUTMR because it found that the trade mark applied for is devoid of distinctive character, for the reasons set out in the attached letter.

The sign for which protection is sought, , would simply be perceived by the relevant public as a promotional laudatory slogan, the function of which is to communicate an inspirational or motivational statement. Moreover, in the present case, the relevant public will not tend to perceive any particular indication of commercial origin in the sign beyond the promotional information conveyed, which merely serves to highlight positive aspects of the services in question, namely that with their services the consumers can learn and love golf.

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) EUTMR, the application for European Union trade mark 17 923 510 is hereby rejected for all the 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.

SZABOLCS KISS