Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 30/05/2019

Cortes de Cima

Herd. Cortes de Cima

P-7960-189 Vidigueira

PORTUGAL

Application No:	018024520
Your reference:
Trade mark:	LITORAL
Mark type:	Word mark
Applicant:	Cortes de Cima Herd. Cortes de Cima P-7960-189 Vidigueira PORTUGAL

The Office raised an objection on 04/03/2019, 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 mark applied for consists of the word ‘LITORAL’. This word will be understood by the Portuguese and Spanish-speaking public in the European Union, as meaning “of or relating to the shore of a sea or ocean; a coastal or shore region”.

Therefore, the relevant consumers would perceive the sign as providing information about the kind and qualities of the goods in question, by informing the consumers that the alcoholic beverages in question are wines originating from coastal or shore regions, which, therefore, have characteristics corresponding to such cultivation areas (as opposed to, for instance, wines originating from vineyards planted in higher altitudes and/or mountain areas).

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 18 024 520 is hereby rejected for all the goods applied for.

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.

Gueorgui IVANOV