Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 09/08/2019

CABINET GERMAIN & MAUREAU

BP 6153

F-69466 Lyon Cedex 06

FRANCIA

Application No:	018034424
Your reference:	MA159276/WLO/ALS
Trade mark:	JUST ADD AIR
Mark type:	Word mark
Applicant:	DG International Holdings Limited Unit 1, Mill Hill Industrial Estate, Flower Lane London NW7 2HU REINO UNIDO

The Office raised an objection on 08/04/2019 pursuant to Article 7(1)(b) 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 Office maintains, that the relevant English-speaking consumers would perceive ‘JUST ADD AIR’ as a promotional laudatory message highlighting that the consumers simply have to add air to use the goods. The mark is, therefore, devoid of distinctive character.

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 Article 7(2) EUTMR, the application for European Union trade mark No 18 034 424 is hereby rejected for the following goods

Class 20 Foot rests; pillows; travel pillows; back pillows; foam pillows; bath pillows; air pillows; inflatable cushions; inflatable pillows; inflatable mattresses; neck pillows (other than for medical or surgical use); inflatable pillows (other than for medical use) for fitting around the neck; garment hangers; clothes hangers; hand fans; clothes organisers; baby changing mats; foam camping mattresses; cushions; non- electrical fans for personal use; non-electrical mini-fans for personal use; sleeping mats; sit mats; air filled inflatable foot rests; flat backed pillows; memory foam pillows; memory foam lumbar supports; memory foam sit on cushions; flexible memory foam pillows; hand held fans.

The application may proceed for the remaining goods, namely:

Class 20 Stuffed pillows; door stops; corner protectors made of plastic; portable water carriers made of plastic; corner protectors for tables and furniture; chair harnesses for children; poly bean filled pillows; bean filled pillows; fibre filled pillows.

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.

Anja Pernille LIGUNA