Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 11/12/2018

CAROLINA MARIA SANCHEZ MARGARETO

Calle Guardia Civill 22, esc 6, 2º piso puerta 5

E-46020 VALENCIA

ESPAÑA

Application No:	017950813
Your reference:
Trade mark:
Mark type:	Figurative mark
Applicant:	PRESOTEA CO., LTD. No.5, Fuxing Street, Tucheng Dist., New Taipei City 236 TAIWÁN

The Office raised an objection on 05/10/2018 pursuant to Article 7(1)(g) 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.

The Office maintains that the sign for which protection is sought would clearly be deceptive when used in connection with Cocoa; Coffee; Chocolate-based beverages; Coffee-based beverages; Cocoa-based beverages in Class 30, as it conveys clear information indicating that the products designated under this sign are or contain “tea”, whereas the goods to which an objection has been raised in reality cannot have these characteristics. Therefore, there is a sufficiently serious risk that the relevant public will be deceived as regards the kind of the goods 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)(g) and Article 7(2) EUTMR, the application for European Union trade mark No 017950813 is hereby rejected in part, namely for:

Class 30 Cocoa; Coffee; Chocolate-based beverages; Coffee-based beverages; Cocoa-based beverages.

The application will proceed accordingly for the remaining goods and services.

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.

Cecilia ALIN