OPERATIONS DEPARTMENT



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:

017937217

Your reference:

12097GC/mr

Trade mark:

Mark type:

Figurative 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 the services applied for are provided continually, from the morning until the night. In case of provision of food and drink services such as restaurants, bars, cafeterias, etc., hotels services, nurseries, sport related services, such as gyms and entertainment, cultural activities, such as cinemas, exhibitions the sign immediately with no further reflection informs consumer that the places where the respective services are provided are opened the entire day and the services can be acquired continually from the morning until the night. In case of the services in Classes 37, 42 and remaining services in Classes 41 and 44, the sign immediately indicates that the provider of the services is accessible from the morning until the night. Therefore, the relevant consumers notwithstanding certain stylised elements consisting of the font of the words and their arrangement would perceive the sign as providing information about the time of rendering of the services and accessibility of the services provider.


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 17 937 217 is hereby rejected for the following services:


Class 37

Building, construction and demolition; Installation of kitchens, security and fire alarm systems, plumbing, electricity, drainage, central heating, foundry products, fixtures and fittings for domestic premises, computer network and information technology equipment, furniture, windows, doors, roofing and elevators; Building and construction services; Construction of interior accommodation; Construction of property; Decorative interior house painting services; Refurbishment of buildings; Decorating of buildings; Restoration and renovation of buildings; Building maintenance and repair; Interior refurbishment of buildings; Information, advisory and consultancy services relating to all of the aforesaid.


Class 41

Books (Publication of -); Publication and edition of books; Publication of audio books; Electronic online publication of periodicals and books; On-line publication of electronic books and journals (non-downloadable); Multimedia publishing of books; Provision of training and education in relation to cookery, alcoholic beverages, and hotel, bar and restaurant management services; entertainment services; sporting and cultural activities; casino services; cinema services; health club services; fitness club services; provision of gymnasium services; provision of private members clubs for entertainment and/or education purposes; club services [entertainment or education]; night club services; party planning services; arranging of lectures, exhibitions, demonstrations, displays and presentations; hospitality services; information, advisory and consultancy services relating to the aforesaid services.


Class 42

Design services; Interior and exterior design services; Interior decoration and design, Interior design as well as projects, studies and plans relating to interior decoration and design; Architectural and building design services; Building design services; Construction design; Construction planning; Development of construction projects; Furnishing design services for the interiors of buildings; Furnishing design services; Interior decorating design; Design services relating to interior decorating for homes; Architectural design; Architectural design for interior and exterior decoration; Research relating to architecture; Architectural planning services; Information, consultancy and advisory services relating to all of the aforesaid.


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; provision of facilities for meetings, functions, conferences, conventions and exhibitions; catering 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; advice concerning recipes for cooking, drinks and cocktails; providing information in the nature of recipes for cooking, drinks and cocktails; information, advisory and consultancy services relating to the aforesaid services.


Class 44

Hairdressing salons and beauty salons; sun tanning salon services; aromatherapy services; massage services; reflexology services; spa services; provision of sauna facilities; provision of solarium facilities; beauty treatment services; make-up services; body and skin care services; manicure services; pedicure services; cosmetic treatment services; electrolysis, waxing, tinting, make-up, grooming, colour diagnosis and body treatment services for cosmetic purposes; male grooming services; complementary health care services; health, diet and nutrition information; consultancy services regarding nutrition; hygienic and beauty care for human beings; hairdressing and hair styling services; depilatory services; cosmetic services; flower arranging services; information, advisory and consultancy services relating to the aforesaid services.



The application may proceed for the remaining goods:


Class 9

Downloadable, non-downloadable, interactive and networked software, files and applications for mobile telephones, computers, multi-function hand-held computers, electronic personal organizers, e-readers, tablet computers, personal audio players, personal electronic entertainment devices, game consoles, all to enable users to search and view information in relation to private member clubs and temporary accommodation; downloadable, non-downloadable, interactive and networked software, files and applications for mobile telephones, computers, multi-function hand-held computers, electronic personal organizers, e-readers, tablet computers, personal audio players, personal electronic entertainment devices, game consoles, all to enable users to search and view information in relation to restaurants, bars, beauty and health care, spas, gyms, health and nutrition, interior design tips, recipes and cookery; downloadable, non-downloadable, interactive and networked software, files and applications for mobile telephones, computers, multi-function hand-held computers, electronic personal organizers, e-readers, tablet computers, personal audio players, personal electronic entertainment devices, game consoles, all to enable users to search and view information in relation to entertainment, cinemas, sporting and cultural activities, night clubs, work space, meetings, conferences, workshops and seminars; media content; audio books; downloadable electronic books; digital books downloadable from the internet.


Class 16

Printed matter; books; recipe books; paper and cardboard; bookbinding materials.



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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