Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 07/12/2018

Grünecker Patent- und Rechtsanwälte PartG mbB

Leopoldstr. 4

D-80802 München

ALEMANIA

Application No:	17 932 317
Your reference:	EW36916MKJSasj
Trade mark:	SEAMFREE
Mark type:	Word mark
Applicant:	JOCKEY INTERNATIONAL, INC. P.O. Box 1417 Kenosha, Wisconsin 53141-1417 ESTADOS UNIDOS (EE UU)

The Office raised an objection on 10/08/2018 pursuant to Article 7(1)(b) and (c) and Article 7(2) EUTMR because it found that the trade mark applied for is not eligible for registration under Article 7(1)(b) and (c) EUTMR and Article 7(2) EUTMR, for the reasons set out in the attached letter, which forms an integral part of this decision.

The Office maintains that, taken as a whole, the word ‘SEAMFREE’ immediately informs consumers without further reflection that the goods applied for in Class 25 are seamless garments, in particular underwear, which is comfortable in the sense that it is smoothing to the skin apart from the aesthetic perspective of giving invisible coverage when wearing tightly fitted clothing.

Therefore, the mark conveys obvious and direct information regarding the kind, quality, and intended purpose of the goods in question.

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  17 932 317 is hereby rejected for all the goods, namely:

Class 25 Clothing, in particular underwear.

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.

Finn PEDERSEN