Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 07/10/2019

GENDER BALANCE CONSULTANTS

25 Cornwall Road London

London London, City of SE1 8TW

REINO UNIDO

Application No:	018047820
Your reference:
Trade mark:	Gender Bilingual
Mark type:	Word mark
Applicant:	GENDER BALANCE CONSULTANTS 25 Cornwall Road London London London, City of SE1 8TW REINO UNIDO

The Office raised an objection on 23/04/2019 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 Office maintains that, taken as a whole, the sign applied for, ‘Gender Bilingual’, immediately informs consumers without further reflection that the contested services, namely advertising, marketing and promotional services, business analysis, research and information services, business assistance, management and administrative services, information about sales methods and sales management services in Class 35 as well as education, entertainment and sport services, publishing and reporting, translation and interpretation, education, entertainment and sports claimed in Class 41, are provided or rendered in a way addressing in a compelling manner both genders, men and women.

In addition, in relation to education services and education in Class 41, the relevant consumers would also perceive the sign as providing information about their subject or topic, namely that they concern or focus on how to ‘speak the language’ of both genders, how to compellingly address both of them.

Therefore, the mark conveys obvious and direct information regarding the kind and subject matter of the services in question.

The applicant failed to submit observations within the extended 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 18 047 820 is hereby rejected for all the services 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.

Robert KLECUN