Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 27/02/2019

sender GmbH

Tauentzienstraße 14, Berlin

D-10789 Berlin

ALEMANIA

Application No:	017958104
Your reference:
Trade mark:	Making logistics sexy again
Mark type:	Word mark
Applicant:	sender GmbH Tauentzienstraße 14, Berlin D-10789 Berlin ALEMANIA

The Office raised an objection on 31/10/2018 pursuant to Article 7(1)(b) 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 sign for which protection is sought, ‘Making logistics sexy again’, would simply be perceived by the relevant public as a promotional laudatory slogan, the function of which is to communicate a value statement. Moreover, in the present case, the relevant public will not tend to perceive any particular indication of commercial origin in the sign beyond the promotional information conveyed, which merely serves to highlight positive aspects of the services in question, namely that the services provider is reviving the interest in and attractiveness of the services concerned, which either are logistics services (such as transportation logistics) or are linked to logistics operations (such as Vehicle parking and storage, Development of computer software for logistics, supply chain management and e-business portals, Design services, which cover design in the field of logistics, Science and technology services, which cover scientific and technological services in the field of logistics etc.).

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) EUTMR and Article 7(2) EUTMR, the application for European Union trade mark No 17 958 104 is hereby rejected for the following services:

Class 39	Transport; Transportation logistics; Vehicle parking and storage; Parking and vehicle storage, mooring; Transportation; Truck transport.
Class 42	Design and development of computer software for logistics; Development of computer software for logistics, supply chain management and e-business portals; Design and development of computer software for logistics, supply chain management and e-business portals; Design services; IT services; Science and technology services.

The application may proceed for the following services:

Class 38

Telecommunication 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.

Sandra KASPERIŪNAITĖ