Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 18/06/2019

Carlos Hernández Hernández

C/ Zamora 1, 3ºA

E-37002 Salamanca

SPAIN

Application No:	018010217
Your reference:
Trade mark:	GALETAS
Mark type:	Figurative mark
Applicant:	GALETAS GIDA SANAYI VE TICARET LIMITED SIRKETI 10022 Sok. No5 Atatürk Organize Sanayi Bolgesi Çigli (Izmir) TURKEY

The Office raised an objection on 13/02/2019 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.

With the notice (attached) the applicant was given opportunity to submit observations in reply. Pursuant to Article 94 EUTMR, it is up to the Office to take a decision based on reasons or evidence on which the applicant has had an opportunity to present its comments.

The sign is composed of a stylised representation of a yellow wheat stalk and the word ‘GALETAS’, written in green in a slightly smaller size than the stalk and placed in the upper part, to the right of the stalk. The term ‘GALETAS’ is an evident misspelling of the word ‘GALLETAS’, which means ‘small pastas, sweet or salty, usually baked’. The term ‘GALETAS’ would still be clearly identified with the word ‘GALLETAS’ by the average Spanish-speaking public. Further, the word ‘GALETA’ corresponds to the word ‘GALLETA’ in Catalonian language, which is spoken in the regions of Cataluña, Balearic Islands and Comunidad de Valencia. The addition of a small point below the letter ‘S’ does not alter the global perception of the sign by the relevant public in the sense that it is descriptive of part of the goods applied for, as the stalk serves in fact to reinforce the meaning of the term ‘GALETAS’ and refers to wheat, one of the ingredients normally used for making ‘galletas’, but also may refer, more generally, to cereals and grains. As a result, the whole combination is clearly descriptive, and hence non-distinctive, for the objected goods.

In addition, the sign for which protection is sought would clearly be deceptive when used in connection with some of the goods applied for, as it conveys clear information indicating that the products designated under this sign are biscuits (‘galletas’) or contain buscuits, whereas the goods to which an objection has been raised are other type of bakery products. Despite the products being different, the objected goods are packaged in a similar way to biscuits and, in general, are placed closely in display units at supermarkets and stores. Therefore, there is a sufficiently serious risk that the relevant public will be deceived as regards the kind and quality of the goods in question.

Consequently, taken as a whole, the sign for which protection is sought is descriptive and devoid of any distinctive character, and is not capable of distinguishing some of the goods to which an objection has been raised within the meaning of Article 7(1)(b) and (c) and Article 7(2) EUTMR. In addition, the sign for which protection is sought is deceptive within the meaning of Article 7(1)(g) and Article 7(2) EUTMR in respect of part of the goods applied for.

The applicant failed to submit observations within the time limit. Consequently, further argumentation is superfluous. For the reasons set out in the notice (attached), and pursuant to Article 7(1)(b) and 7(1)(c), Article 7(1)(g) and Article 7(2) EUTMR, the application for European Union trade mark No 18 011 269 is hereby rejected for the following goods:

Class 30 Pastries; Bakery goods; Pies; Cakes, Baclava; Puddings; Yeast; Baking powder; Flour; Semolina; Starch for food; Confectionery; Biscuits; Crackers; Wafers; Crushed oats; Corn chips; Breakfast cereals; Processed wheat; Crushed barley; Processed oats for food for human consumption.

The application may proceed accordingly for the remaining goods, as follows:

Class 29 Meat; Fish; Poultry; Game; Processed meat products; Dried pulses; Soups; Bouillon; Edible oils; Processed olives; Olive paste; Milk; Milk products; Butter; Butter preparations; Dried fruits; Dried vegetables; Preserved fruits; Preserved vegetables; Frozen fruits; Frozen vegetables; Cooked fruits; Cooked vegetables; Salted vegetables; Tomato paste; Fruit snacks; Prepared nuts; Hazelnut spreads; Peanut butter; Tahini [sesame seed paste]; Eggs; Powdered eggs; Potato chips.

Class 30 Coffee; Coffee beverages; Cocoa; Cocoa beverages; Chocolate-based beverages; Pasta; Dried and fresh pastas, noodles and dumplings; Bread; Bagels; Pita bread; Sandwiches; Custard; Honey; Propolis [bee glue] for human consumption; Condiments; Vanilla flavorings; Spices; Sauces; Tomato sauce; Sugar; Teas; Iced tea; Chocolate; Popcorn; Rice; Molasses for food; Chewing gums; Ice-cream; Edible ice; Salt.

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.

María Mónica TARAZONA RUÁ