Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 16/05/2019

Lee Myall

Balustrades Islet Park

Maidenhead Windsor and Maidenhead SL6 8LE

REINO UNIDO

Application No:	018017009
Your reference:
Trade mark:
Mark type:	Figurative mark
Applicant:	Lee Myall Balustrades Islet Park Maidenhead Windsor and Maidenhead SL6 8LE REINO UNIDO

The Office raised an objection on 05/02/2019 pursuant to Article 7(1)(b) and (c) and Article 7(2) EUTMR because it found that the trade mark applied for is partially not eligible for registration, 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 sign applied for, , immediately informs consumers without further reflection that the contested services claimed all concern or directly relate to a place dedicated to an activity of jumping on a trampoline. Therefore, the relevant consumer, notwithstanding certain stylised elements would perceive the sign as providing information about the nature and subject-matter of the services 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) and (c) and Article 7(2) EUTMR, the application for European Union trade mark No 18 017 009 is hereby rejected for the following services:

Class 41

Education, entertainment and sport services.

The application may proceed for the remaining goods, namely:

Class 25

Footwear; Clothing; Headgear.

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.

Robert KLECUN