Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 20/02/2019

NOVAGRAAF FRANCE

Bâtiment O2 - 2, rue Sarah Bernhardt

CS 90017

F-92665 Asnières-sur -Seine

FRANCIA

Application No:	017976305
Your reference:	1682525T/CTM
Trade mark:	COLOR LINER
Mark type:	Word mark
Applicant:	MITSUBISHI PENCIL COMPANY, LIMITED No. 5-23-37, Higashi-Ohi, Shinagawa-ku Tokyo JAPÓN

The Office raised an objection on 13/11/2019 pursuant to Article 7(1)(b) and (c) 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 relevant consumers would perceive the sign as describing that the goods applied for in class 16 ‘stationary’ are any writing materials, such as paper, envelopes, pens, ink, rulers, etc (source Collins English Dictionary) which include coloured or colouring pens or markers. Therefore, the sign describes the kind and purpose of the goods in question and is devoid of any distinctive character.

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) and (c) and Article 7(2) EUTMR, the application for European Union trade mark No 017 97 63 05 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.

Carine CEELEN