Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 29/07/2019

Bailey Walsh & Co LLP

1 York Place

Leeds, West Yorkshire LS1 2DR

United Kingdom

Application No:	18018602
Your reference:	PS-MP-G53596
Trade mark:	SMOKEY DRAM
Mark type:	Word mark
Applicant:	Angus Dundee Distillers Plc 20-21 Cato Street London W1H5JQ United Kingdom

The Office raised an objection on 07/03/2019 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 providing unambiguous information that the goods are spirits having a smoky flavour and can be served in drams. Therefore, the sign describes the kind and quantity of the goods in question and it is also devoid of any distinctive character.

The applicant failed to submit observations within the extended 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 18 018 602 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.

Ferenc GAZDA