Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 19/02/2019

Heffels Spiegeler Advocaten

Oranjestraat 8

NL-2514 JB Den Haag

PAÍSES BAJOS

Application No:	017960614
Your reference:	T00036EM
Trade mark:	A SAFER RED MEAT
Mark type:	Word mark
Applicant:	Elysian Fields Farms, Inc. 844 Craynes Run Road Waynesburg Pennsylvania 15370 ESTADOS UNIDOS (DE AMÉRICA)

The Office raised an objection on 19/10/2018 pursuant to Article 7(1) EUTMR because it found that the trade mark applied for is not eligible for registration under Article 7(1)(b) and (c) EUTMR and Article 7(2) EUTMR, for the reasons set out in the attached letter, which forms an integral part of this decision.

The Office maintains that, taken as a whole, the word ‘A SAFER RED MEAT’ immediately informs the relevant user that the goods offered, namely red meat, is safer than other red meat on the market in terms of the health risks consumers are exposed to when eating red meat. Therefore, the relevant consumer would perceive the sign as providing information about the kind and quality 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) (b), (c) and 7(2) EUTMR, the application for European Union trade mark No 017960614 is hereby rejected for all the goods 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.

Gerben MONNINK

Attachment: 03 pages – notice of grounds for refusal of application for a European Union trade mark dated 19/10/2018