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OPERATIONS DEPARTMENT |
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L123 |
Refusal of application for a European Union trade mark
(Article 7 and Article 42(2) EUTMR)]
Alicante, 19/11/2018
Bomhard IP, S.L.
C/Bilbao, 1, 5º
E-03001 Alicante
ESPAÑA
Application No: |
017937210 |
Your reference: |
12094GC/mr |
Trade mark: |
EAT DRINK NAP
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Mark type: |
Word mark |
Applicant: |
Soho House Limited 72-74 Dean Street London W1D 3SG REINO UNIDO |
The Office raised an objection on 29/08/2018 pursuant to Article 7(1)(b)(c) 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.
As explained in the abovementioned objection letter, in the present case, the relevant consumers would perceive the sign as providing information that books (audio, electronic and printed), media content and other types of printed matter, such as magazines, are about food, beverages (e.g. recipes, diets) and information, such as tips, advices concerning a short sleep during the day. When the sign is affixed to the provision of food and drink services such as restaurants, bars, cafeterias, etc., and hotels, it will immediately be perceived by the relevant consumer as an indication that in a restaurant, bar or hotel a consumer can eat, have a drink and have a short sleep during the day. The same applies in case of child minding services, i.e. in respect of these services the sign immediately informs consumers that a child in such nursery or centre would receive food, beverages and can have a nap during the day. Therefore, the sign describes the kind and subject matter of the goods and services 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)(c) and Article 7(2) EUTMR, the application for European Union trade mark No 17 937 210 is hereby rejected for the following goods and services:
Class 9 |
Media content; audio books; downloadable electronic books; digital books downloadable from the internet.
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Class 16 |
Printed matter; books.
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Class 43 |
Hotel, restaurant, café, cafeterias, canteens, snack-bars and bar services; services for providing food and drink; services for providing temporary accommodation; arranging and booking hotels and accommodation services; accommodation reservation services; day nurseries and crèche facilities; child minding services; reservation services for booking accommodation and meals; hospitality services [accommodation and food and drink]; Provision of food and drink; information, advisory and consultancy services relating to the aforesaid services.
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The application may proceed for the remaining goods and services:
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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
Avenida de Europa, 4 • E - 03008 • Alicante, Spain
Tel. +34 965139100 • www.euipo.europa.eu
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