Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 14/03/2019

de Merkplaats B.V.

Herengracht 227

NL-1016 BG Amsterdam

PAÍSES BAJOS

Application No:	017932521
Your reference:	JW/TM10902EU00
Trade mark:
Mark type:	Figurative mark
Applicant:	Dublin Beer Factory Holdings Limited Unit 5-8 Parnell Centre, Parnell Street Dublin 1 IRLANDA

The Office raised an objection on 21/11/2018 pursuant to Article 7(1)(g) 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.

It was established that the relevant part of the sign for which protection is sought would clearly be deceptive when used in connection with alcoholic beverages [except beers]; cider; ciders in Class 33, as it conveys clear information indicating that the products designated under this sign is a type of light beer, whereas the goods to which an objection has been raised in reality cannot have these characteristics. In respect of ciders, it is important to note that there is a sufficiently serious risk that the consumer will be deceived considering that cider and beer (lager) are usually sold in similar packaging, in the neighbouring market sections, in addition, these goods might be bought rather hastily and it is likely that many consumers will not take time to analyse the wording on the packaging. As regards the broad category of alcoholic beverages [except beers], it must be pointed out that considering the explicit exclusion of the term beers from the category alcoholic beverages, a non-deceptive use the sign in respect these goods is not considered to be possible.

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)(g) and Article 7(2) EUTMR, the application for European Union trade mark No 17 932 521 is hereby rejected for the following goods:

Class 33 Alcoholic beverages [except beers]; Ciders; Cider.

The application may proceed for the following goods and services:

Class 21 Beer mugs; Drinking glasses; Glasses [drinking vessels]; Glasses, drinking vessels and barware; Tumblers for use as drinking glasses.

Class 25 Clothing; T-shirts; Tee-shirts; Polo shirts; Shirts; Shorts; Tracksuits; Jeans; Pants; Hoodies; Sweaters; Jumpers; Hats; Headgear; Caps; Headgear for wear; Peaked headwear; Sun visors; Sun visors [headwear]; Caps being headwear; Caps [headwear]; Visors; Visors [headwear]; Headwear.

Class 32 Beers; Craft beers; Alcohol-free beers; Non-alcoholic beers; Nonalcoholic beverages; Lager; Lagers.

Class 33 Alcoholic fruit beverages; Preparations for making alcoholic beverages; Bitters; Alcoholic bitters.

Class 43 Serving of alcoholic beverages; Services for providing food and drink; Bar services; Beer bar services; Bar and restaurant services; Restaurant and bar services.

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.

Sandra KASPERIŪNAITĖ