Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 19/06/2019

PATRADE A/S

Ceresbyen 75

DK-8000 Aarhus C

DINAMARCA

Application No:	018017810
Your reference:	V15191EU00
Trade mark:	LABELFREE
Mark type:	Word mark
Applicant:	Storm Textil v/Niels Storm Planteskolevej 3 DK-9700 Brønderslev DINAMARCA

The Office raised an objection on 21/02/2019 pursuant to Article 7(1)(b)(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 Office maintains, that the relevant English-speaking consumer would perceive ‘LABELFREE’ as informing that the clothing and shoes do not have any labels, and in relation to the retail services, that there is no labels in the clothing sold. The mark is therefore descriptive and non-distinctive.

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 Article 7(2) EUTMR, the application for European Union trade mark No 18 017 810 is hereby rejected for the following goods and services

Class 25 Clothing; Stockings; Neck scarves [mufflers]; Footwear; Headgear.

Class 35 Retail, wholesale and online services in relation to clothing.

The application may proceed for the remaining goods and services, namely:

Class 24 Woven fabrics; Textile fabrics in the piece; textile material.

Class 35 Retail, wholesale and online services in relation to woven fabrics.

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.

Anja Pernille LIGUNA