Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 29/08/2019

UNIT4 IP Rechtsanwälte

Jägerstraße 40

D-70174 Stuttgart

Germany

Application No:	18052501
Your reference:	US-19/0254kg
Trade mark:	STILL DOING IT
Mark type:	Word mark
Applicant:	Ana-Marija Maroti 702 - 2909 17th Ave SW Calgary Alberta T3E 0B1 Canada

The Office raised a partial objection on 14/05/2019 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 relevant consumers would perceive the sign as indicating that the goods continue to have the required effect or result. This makes the sign a mere laudatory statement emphasizing the positive consequences of using the relevant products. The sign is composed of a combination of readily understandable terms and, as a whole, it is a rather simple expression. There is nothing unusual, imaginative or original in the sign from a grammatical or syntactical point of view and the relevant trade circles would perceive first and foremost the laudatory message and would not see the sign as an indication of business origin of the goods.

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 18 052 501 is hereby rejected in its entirety.

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.

Ferenc GAZDA