Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 06/03/2019

CHAS. HUDE A/S

H. C. Andersens Boulevard 33

DK-1780 København V

DINAMARCA

Application No:	017935217
Your reference:	V18-0293
Trade mark:
Mark type:	Position
Applicant:	HELLY HANSEN AS Munkedamsveien 35 N-0250 OSLO NORUEGA

The Office raised an objection on 09/08/2018 pursuant to Article 7(1)(b) EUTMR because it found that the trade mark applied for is devoid of any distinctive character, for the reasons set out in the attached letter.

At the applicant’s request the time to reply was extended until 09/02/2019, however, the applicant did not submit any observations and/or evidence of acquired distinctiveness within the set time limit.

The mark applied for is the following position mark, , with the description “the mark consists of parallel striping of white and another contrasting colour appearing on the outer seam of tights”,.

The Office maintains that the position mark applied for is devoid of distinctive character because it is common to apply striping/lines of all kinds on the outer seams of tights and other leg coverings. As the consumers are used to see stripes and lines as decorations on such clothing items, they would not perceive the mark applied for as an indication of commercial origin, but simply as a decorative feature.

The objection was supported by reference to case law and Board of Appeal decisions.

For the abovementioned reasons, and pursuant to Article 7(1)(b) EUTMR, the application for European Union trade mark No 17 953 217 is hereby rejected for all the goods claimed.

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.

Anne-Lee KRISTENSEN