Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 09/08/2019

TRADEMARKING4U

Paul Price

Suite 114, North Mersey Business Centre, Woodward Road

Kirkby/ Knowsley L33 7UY

UNITED KINGDOM

Application No:	018037502
Your reference:
Trade mark:	ALL IN ONE
Mark type:	Word mark
Applicant:	Lee Wing Lin 25 Uppermoor Pudsey Leeds LS28 8DA UNITED KINGDOM

The Office raised an objection on 12/04/2019 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 sign ‘ALL IN ONE’ would directly and specifically inform the relevant consumers that the products in respect of which registration is sought consist of a single package or set containing several items such as bulbs, wiring, attachment apparatus, sensors and even software intended for the production of light, or for obtaining added or several functionalities apart from the lighting purpose. Therefore, the sign describes the kind, quality, quantity and/or intended purpose 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.

Further, the word combination ‘ALL-IN-ONE’ is a standard and well-known expression for the English-speaking public commonly used in everyday English language, as well as in trade and advertising. The relevant customers will not tend to perceive any particular indication of commercial origin in the sign beyond the promotional laudatory information conveyed. The sign ‘ALL IN ONE’ communicates an obvious and direct meaning of a desirable positive characteristic of the goods in question, namely that they consist of packages or sets conveniently delivered to customers in a single package or set, or serving several functions or purposes (15/06/2009, R 29/2009-4, ‘ALL IN ONE’).

With the above notice (attached) the applicant was given opportunity to submit observations in reply. The Office has not received any observations within the specified time limit. Consequently, further argumentation is superfluous.

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.

For the reasons set out in the letter of objection (attached), and pursuant to Article 7(1)(b) and (c) and Article 7(2) EUTMR, the application for European Union trade mark No 18 037 502 is hereby rejected for all the goods.

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.

María Mónica TARAZONA RUÁ