: Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 10/04/2019

BEST RECHTSANWÄLTE PartmbB

Hostatostr. 26

D-65929 Frankfurt am Main

ALEMANIA

Application No:	017940120
Your reference:	KIL_FUETBRANDS_VS
Trade mark:	FÜT BRANDS
Mark type:	Word mark
Applicant:	Renfro Corporation 611 Linville Road Post Office Box 908 Mount Airy, North Carolina 27030 ESTADOS UNIDOS (DE AMÉRICA)

The Office raised an objection on 05/10/2018, pursuant to Article 7(1)(f) and Article 7(2) 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.

The applicant submitted its observations on 20/11/2018, and the Office replied on 31/01/2019 maintaining the objection, giving the applicant two months to reply. See the attached letter.

The applicant did not submit any observations within the set time limit.

The Office maintains that the mark “FÜT BRANDS’ as a whole is objectionable under Article 7(1)(f) EUTMR because it is contrary to accepted principles of morality. The mark is the Romanian equivalent of the words “I fuck brands”, which the Romanian-speaking consumers would consider to be offensive and indecent.

For the abovementioned reasons, and pursuant to Article 7(1)(f) and 7(2) EUTMR, the application for European Union trade mark No 17 940 120 is hereby rejected for all the goods and services 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