Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 11/02/2019

Coelho & Dias, S.A.

Estrada Romana, Pascoal Viseu

P-3515-221 Viseu

PORTUGAL

Application No:	017975104
Your reference:
Trade mark:	Pescapeixe
Mark type:	Word mark
Applicant:	Coelho & Dias, S.A. Estrada Romana, Pascoal Viseu P-3515-221 Viseu PORTUGAL

The Office raised an objection on 09/02/2018 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 ‘PESCAPEIXE’ immediately describes for the relevant Portuguese-speaking consumers the kind of goods in question, in the sense that they consist of pesca (catch) and peixe (fish).

Moreover, the combination of the component ‘PESCA’ and ‘PEIXE’ does not possess any feature that allows the mark to fulfil its essential function for the goods for which protection is sought. The aforementioned combination will immediately inform the aforementioned consumers that the goods concerned are catch and fish..

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) EUTMR, the application for European Union trade mark No 17 975 104 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.

Christiano DOS SANTOS TIMBO