Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 01/10/2018

Dantech - Danish Technology Center Aps

Kristina Joensen

Vedbæk Strandvej 425

DK-2950 Vedbæk

DINAMARCA

Application No:	017928014
Your reference:
Trade mark:	RecoProtein
Mark type:	Word mark
Applicant:	Dantech - Danish Technology Center Aps Vedbæk Strandvej 425 DK-2950 Vedbæk DINAMARCA

The Office raised an objection on 17/07/2018 pursuant to Article 7(1)(b) and (c) and Article 7(2) EUTMR because it found that the trade mark applied for is 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 word combination ‘RecoProtein’ would be perceived by the relevant consumers as providing information that the goods are one of the RecO proteins. Therefore, the sign describes the kind of the goods in question and is devoid of distinctive character.

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 (c) and Article 7(2) EUTMR, the application for European Union trade mark No 17 928 014 is hereby rejected for the following goods:

Class 1 Proteins for the food industry; Proteins for use in industry; Raw proteins for use in industry; Proteins for use in manufacture; Regulatory proteins for industrial use; Regulatory proteins for scientific use; Protein [raw material]; Proteins for use in science; Proteins for use in fermentation technology; Raw proteins for use in manufacture; Protein for food for human consumption [raw material]; Proteins for detecting antibodies [other than for medical use]; Enzymes [other than for medical use] in detecting proteins; Proteins for human foodstuffs which form emulsions as part of the manufacturing process; Proteins for human foodstuffs which form gels as part of the manufacturing process; Chemical and organic compositions for use in the manufacture of food and beverages.

The application may proceed for the remaining goods and services:

Class 29 Fish, seafood and molluscs; Processed fruits, fungi and vegetables (including nuts and pulses); Birds eggs and egg products; Meats; Dairy products and dairy substitutes; Oils and fats; Sausage skins and imitations thereof; Soups and stocks, meat extracts; Prepared insects and larvae.

Class 40 Food and beverage treatment.

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