Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 06/05/2019

Sakata Ornamentals Europe A/S

Odensevej 82

DK-5290 Marslev

DINAMARCA

Application No:	018020812
Your reference:
Trade mark:	Double Daisy
Mark type:	Word mark
Applicant:	Sakata Ornamentals Europe A/S Odensevej 82 DK-5290 Marslev DINAMARCA

The Office raised an objection on 21/02/2019 pursuant to Article 7(1)(b), (c), (m) 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.

In summary, the relevant consumers would perceive the sign as providing information about the kind and quality of the goods in question. The sign merely provides information that the goods are flowers, namely Daisies that can grow double as fast, are double the size or have double the number leaves as regular daisies. The sign also reproduces the essential element of the protected plant variety denomination DAISY.

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), (m) and Article 7(2) EUTMR, the application for European Union trade mark No 018020812 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.

Maureen FELLEMANS