Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 27/11/2019

Timothy George Bowles

Church Farm Winsley

Bradford on Avon Wiltshire BA15 2JH

REINO UNIDO

Application No:	018077724
Your reference:
Trade mark:	Campwell
Mark type:	Word mark
Applicant:	Timothy George Bowles Church Farm Winsley Bradford on Avon Wiltshire BA15 2JH REINO UNIDO

The Office raised an objection on 12/09/2019 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 took the view that the relevant English-speaking consumers would understand the sign as having the following meaning: camping done in a very good way, to a high standard.

The abovementioned meanings of the words ‘CAMP’ and ‘WELL’ composing the trade mark has been supported by the following dictionary references:

CAMP NOUN - A place with temporary accommodation of huts, tents, or other structures, typically used by soldiers, refugees, or travelling people. A complex of buildings for holiday accommodation, with recreational facilities. (North American) A summer holiday programme for children, offering a range of activities. (British Archaeology) An enclosed or fortified prehistoric site, especially an Iron Age hill fort.

VERB Live for a time in a tent, especially while on holiday. Lodge temporarily, especially in an inappropriate or uncomfortable place.

WELL In a good or satisfactory way. With praise or approval. In a condition of prosperity or comfort.

(information extracted from LEXICO Oxford dictionaries online on 12/09/2019 at

https://www.lexico.com/).

The fact that there is a missing space between booth words does not add any distinctive character to the sign and does not change its descriptive character.

In the present case, the relevant consumers would perceive the sign as providing information that the services in question, such as recreational camps, provision of camp ground facilities, etc., in Classes 41 and 43 are all intended to provide camping (and associated services, such as education, restaurant and spa services in Classes 41, 43 and 44) in a very good way. Similarly, the relevant consumers would perceive the sign as providing information that the goods in question, such as books, clothing,

etc., in Classes 16 and 25 have either camping in a very good way as their subject matter (Class 16) or manufactured in the way to allow camping in a very good way (Class 25 – in the sense of camp cloths in a high standard). Therefore, the sign describes the kind, intended purpose, subject-matter and quality of the goods and services 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.

The sign for which protection is sought, ‘CAMPWELL’, would simply be perceived by the relevant public as a promotional laudatory message, the function of which is to communicate a customer service statement. Moreover, in the present case, the relevant public will not tend to perceive any particular indication of commercial origin in the sign beyond the promotional information conveyed, which merely serves to highlight positive aspects of the services in question, namely that they are provided to a high standard. The Office has refused several signs that incorporated the verbal element of well, such as mixwell, eatwell, printwell, etc.

Consequently, taken as a whole, the sign for which protection is sought is descriptive and devoid of any distinctive character, and is not capable of distinguishing the services to which an objection has been raised within the meaning of Article 7(1)(b), (c) and 7(2) EUTMR.

With the notice the applicant was given opportunity to submit observations in reply. 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.

The applicant failed to submit observations within the time limit. Consequently further argumentation is superfluous. For the reasons set out in the letter of objection, and pursuant to Article 7(1)(b), (c) and Article 7(2) EUTMR, the application for the European Union trade mark in question is hereby rejected for all the goods and 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.

Jiri JIRSA