Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 26/10/2018

ROLIM, MIETZEL, WOHLNICK & CALHEIROS LLP

Graf-Adolf-Straße 14

D-40212 Düsseldorf

ALEMANIA

Application No:	017932702
Your reference:	021500-1084
Trade mark:	PayForLess
Mark type:	Word mark
Applicant:	Shenzhen Kaizhen Technology Co., Ltd. Rm. 302, Unit B, Bldg. 1, Haoya Garden, Fuqian Rd., Guanlan St., Longhua District Shenzhen REPÚBLICA POPULAR DE CHINA

The Office raised an objection on 01/08/2018 pursuant to Article 7(1)(b) 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.

Consequently, taken as a whole, the sign for which protection is sought is descriptive and devoid of any distinctive character, and is not capable of distinguishing the goods to which an objection has been raised within the meaning of Article 7(1)(b) and Article 7(2) EUTMR.

The Office took the view that the relevant English-speaking consumers would perceive the sign as providing information that the consumer by buying the goods in question such as ink, toner of cartridge, etc. will "pay for less", meaning pay for a lesser amount of money, i.e. the goods are cheaper. Therefore, the relevant consumer would perceive the sign as proclaiming a laudatory slogan, which is of purely promotional nature and conveys a banal evocative meaning.

The sign is devoid of any distinctive character within the meaning of Article 7(1)(b) and Article 7(2) EUTMR, , as it is incapable of performing the essential function of a trade mark, which is to distinguish the goods or services of one undertaking from those of its competitors.

The applicant failed to submit observations within the time limit. For the reasons set out above and in the letter of objection, and pursuant to Article 7(1)( b) and (c) EUTMR, the application for European Union trade mark No 017932702 is hereby rejected for all the goods applied for, namely:

Class 2 Ink for leather; Printers' pastes [ink]; Printing ink; Marking ink for animals; Engraving ink; Ink [toner] for photocopiers; Toner [ink] for photocopiers; Toner cartridges, filled, for printers and photocopiers; Edible inks; Edible ink cartridges, filled, for printers; Cartridges filled with toner for computer print-out apparatus; Filled ink cartridges for printers; Toner cartridges, filled, for laser printers; Toner cartridges, filled, for inkjet printers; Toner for copiers; Ink for skin-dressing.

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.

Jiri JIRSA