Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 26/08/2019

CHIEVER BV

Barbara Strozzilaan 201

NL-1083 HN Amsterdam

PAÍSES BAJOS

Application No:	018029307
Your reference:	TM22863EU00/KP/ln
Trade mark:	MONACO COCKTAIL
Mark type:	Word mark
Applicant:	Atomic Brands, Inc. 117 S. Cook St. Suite 347 Barrington Illinois 60010 ESTADOS UNIDOS (DE AMÉRICA)

With the notification dated 03/05/2019 (attached) the applicant was informed that the sign applied for cannot be registered under Article 7(1)(g) and 7(2) EUTMR.

With the notice the applicant was given opportunity to submit observations in reply. Pursuant to Article 94 EUTMR, it is up to the Office to take a decision based on reasons or evidence on which the applicant has had an opportunity to present its comments.

The Office noted in the letter of objection that the sign for which protection is sought would clearly be deceptive when used in connection with alcoholic beverages (except beer); alcoholic beverages containing fruit, alcoholic cocktail mixes; alcoholic cocktails; alcoholic energy drinks; alcoholic fruit beverages; alcoholic fruit cocktail drinks; cocktails; premixed alcoholic beverages; cocktails containing vodka; cocktails containing tequila; vodka in Class 33, as it conveys clear information indicating that the products designated under this sign contain beer, whereas the goods to which an objection has been raised in reality cannot have these characteristics. Thus, there is a sufficiently serious risk that the relevant public will be deceived as regards the kind of the goods in question.

The Office has not received any observations within the specified time limit. Consequently further argumentation is superfluous and the application is rejected for the reasons as stated in the above notice pursuant to Article 7(1)(g) and 7(2) EUTMR 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.

Päivi Emilia LEINO