Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 24/01/2019

JAUMANN S.R.L.

Via San Giovanni sul Muro, 13

I-20121 Milano

ITALIA

Application No:	017928701
Your reference:	MC1801405
Trade mark:	INCREDIBLE WOMEN
Mark type:	Word mark
Applicant:	The Net-a-Porter Group Limited 1 The Village Offices, Westfield, Ariel Way London W12 7GF REINO UNIDO

The Office raised an objection on 06/08/2018 pursuant to Article 7(1)(b) and (c) and Article 7(2) EUTMR because it found that the trade mark applied for is partially not eligible for registration, for the reasons set out in the attached letter, which forms an integral part of this decision.

The relevant consumers would perceive the sign as providing information that the downloadable data files, videos, publications and software (class 9), Printed publications, magazines etc. (class 16), and the organisation of seminars and conferences, publication services of books and non-downloadable publications (class 41), are about incredible women. Therefore, the sign describes the subject matter of the goods and services in question.

The applicant failed to submit observations within the time limit.

Consequently, 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 17 928 701 ‘INCREDIBLE WOMEN’ is hereby rejected for the following goods and services:

Class 9 Downloadable electronic data files featuring information in electronic form in the field of fashion, news, lifestyle, culture, entertainment, travel and social networking; Downloadable music files; Downloadable videos; electronic downloadable publications in the fields of fashion, news, lifestyle, culture, entertainment, travel, social networking; electronic software applications relating to fashion, news, lifestyle, culture, entertainment, travel and social networking for use with electronic applications for electronic telecommunications equipment; application software; interactive computer software; software applications; Publications that can be downloaded; Electronic publications that can be downloaded; application software featuring artificial intelligence; application software providing notification alerts to users of computers, tablets and mobile phones; application software relating to fashion.

Class 16 Printed publications in relation field of fashion, cultural events and entertainment related topics; printed matter; magazines; publications in relation to fashion, travel and lifestyle; books.

Class 41 Organisation of seminars and conferences; arranging of beauty contests; publication of books, texts, newspapers, magazines and other printed matter in relation field of fashion, cultural events and entertainment related topics; publication of electronic books and journals in relation field of fashion, cultural events and entertainment related topics; publication services relating to electronic magazines in relation field of fashion, cultural events and entertainment related topics; organisation of galas; organisation of fashion shows; organisation of parties, festivals and entertainment events; entertainment services featuring electronic media, multimedia content, videos, movies, pictures, images, text, photos, user-generated content, audio content, and related information via the internet and other communications networks in the field of fashion, cultural events and entertainment related topics; production of films on videotapes or on all types of audiovisual or sound media in the field of fashion, cultural events and entertainment related topics; production of audiovisual recordings; on-line electronic publishing of books and periodicals in the field of fashion, cultural events and entertainment related topics; providing on-line electronic publications in the field of fashion, cultural events and entertainment related topics; digital video, audio and multimedia entertainment publishing services in the field of fashion, cultural events and entertainment related topics; online digital publishing services in the field of fashion, cultural events and entertainment related topics; organization of fashion shows for entertainment purposes; electronic publication for fashion, entertainment; consultancy, information and advisory services relating to the aforesaid; publishing of electronic books and journals online, namely blogs featuring personal information and opinions; electronic publishing services in relation field of fashion, cultural events and entertainment related topics; online publishing services in relation field of fashion, cultural events and entertainment related topics; publishing services, namely photo sharing via the internet and wireless communication devices; information, advisory and consultancy services relating to the aforesaid.

The application may proceed for the remaining goods and services:

Class 9 computer software to enable uploading, downloading, accessing, posting, displaying, tagging, blogging, streaming, linking, sharing or otherwise providing electronic media or information via computer and communication networks; Mobile telecommunications devices; photographic and cinematographic apparatus and instruments; encoded gift cards; magnetically encoded gift cards; Universal Serial Bus (USB) devices; speakers, headphones; earphones; radios; Cases for spectacles and sunglasses; frames for spectacles and sunglasses; straps for sunglasses; contact lens cases; covers and cases for mobile telephones; covers and cases for tablet computers and notebook computers; covers and cases for cameras; spectacles [glasses]; sunglasses; Cases for MP3 players; Portable media players; time clocks; parts, fittings and accessories for all of the aforesaid goods; sports helmets.

Class 16 Paper and cardboard; cardboard boxes; leaflets; brochures; catalogues; calendars; notebooks; photograph albums; bookends; bookmarks; address books; pamphlets; manuals; periodical publications; newspapers; newsletters; decalcomanias; stickers; photographs; cards; plastic materials for packaging; plastic film for packaging; packaging materials; Adhesive packaging tapes; packaging containers of card; packaging materials made of cardboard; packaging containers of paper; Gift wrapping; paper gift wrapping ribbons; bubble packs for packaging; packaging bags of paper; paper packaging; envelopes; paper envelopes for packaging; gift bags; plastic bags for packaging; paper pouches for packaging; containers of cardboard for packaging; Bags and articles for packaging, wrapping and storage of paper, cardboard or plastics; money clips; greeting cards; gift tags; diaries; postcards; posters; stationery; pens; cases for pens; writing implements (writing instruments); tissues.

Class 35 Provision of information and advice to consumers regarding the selection of products and items to be purchased; promotion services through provision of sponsored links to third party; promotion of goods and services through sponsorship; Advertising services relating to the provision of business; advertising for others; organisation, operation and supervision of sales and promotional incentive schemes; rental of advertising space; Preparation and presentation of audio visual displays for advertising purposes; dissemination of advertising materials; Marketing, advertising, and promotional services; conducting marketing studies; online advertising; Development of promotional campaigns; consultancy, information and advice services for the aforesaid; presentation of goods on communication media, for retail purposes; public relations; Commercial information and advice for consumers; sales promotion for others; distribution of samples; arranging newspaper subscriptions for others; model agency services; provision of models.

Class 41 arranging and conducting of workshops (training); education information; consultation services relating to the publication of web magazines; organisation of competitions; education services relating to fashion; provision of training in the field of fashion; model teaching, tuition and training; provision of modelling studios; educational services featuring electronic media, multimedia content, videos, movies, pictures, images, text, photos, user-generated content, audio content, and related information via the internet and other communications networks in the field of fashion, cultural events and entertainment related topics; television production; production of radio programs; news reporting; providing entertainment information; providing information about cultural activities; consultancy, information and advisory services relating to the aforesaid; on line research library services, namely, providing electronic library services which feature newspapers, magazines, photographs and pictures via an on line computer network containing images, pictures, photographs, text and other multimedia content via an online computer network and other electronic communication networks or broadcast via network or satellite television; organizing cultural and arts events; entertainment services in the nature of contests; entertainment services in the nature of competitions; entertainment services in the nature of video games; sporting activities; organization of education competitions; organisation of competitions, contest, awards and cultural events; arranging of award ceremonies; information, advisory and consultancy services relating to the aforesaid.

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.

Elna ISAKSSON