Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 29/10/2019

REGIMBEAU

20, rue de Chazelles

F-75847 Paris Cédex 17

FRANCIA

Application No:	018063413
Your reference:	M403360EM
Trade mark:
Mark type:	Colour per se
Applicant:	BTM Company, LLC 300 Davis Road Marysville Michigan 48040 ESTADOS UNIDOS (DE AMÉRICA)

The Office raised an objection on 05/06/2019 pursuant to Article 7(1)(b) 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 distinctive character of a trade mark is assessed in relation to the goods for which protection is sought and the perception of the relevant public.

The Office maintains its opinion that the colour ‘PANTONE 7752C’ cannot be considered unique or exceptional, but merely an ordinary colour. Colours such as this are commonly used in the publicity and packaging for a wide range of consumer goods and services. Therefore, it could be used in trade for the presentation of the goods in question or applied to the goods themselves and is not likely to be noticed and recalled by the relevant consumer as an indication of commercial origin.

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) EUTMR, the application for European Union trade mark No 18 063 413 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.

Marina TOMIĆ