Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 27/09/2019

CHIEVER BV

Barbara Strozzilaan 201

NL-1083 HN Amsterdam

PAÍSES BAJOS

Application No:	018029311
Your reference:	TM22865EU00/KP/ln
Trade mark:	KENTUCKY COFFEE
Mark type:	Word mark
Applicant:	Legendary Spirits, Inc 117 S. Cook St. Suite 347 Barrington Illinois 60010 ESTADOS UNIDOS (DE AMÉRICA)

On 13/06/2019, the Office raised a total objection pursuant to Articles 7(1) b, c and Article 7 (2) EUTMR because it found that the trade mark applied for was not eligible for registration.

The Office took the view that the sign for which you seek protection merely provides the information to the relevant consumer that the goods applied for, namely alcoholic beverages (except beer); alcoholic coffee-based beverage; coffee-based liqueurs; whiskey; coffee flavored whiskey in Class 33 are either a Kentucky coffee drink or an ingredient that is suitable to be used for making Kentucky coffee, which is a drink made with brewed coffee, cream, sugar, and bourbon. Therefore, the sign describes the nature and quality of the goods in question.

Given that the sign has a clear descriptive meaning, it is also devoid of any distinctive character and therefore objectionable under Article 7(1)(b) EUTMR, as it is incapable of performing the essential function of a trade mark, which is to distinguish the goods or services of one undertaking from those of other undertakings.

The applicant failed to submit observations within the set time limit. For the reasons set out above, which are further explained in the letter of objection, which is attached and forms an integral part of this decision, and pursuant to Article 7(1) EUTMR, the application for European Union trade mark No 018 029 311 is hereby rejected.

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.

Robert MULAC