Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 08/11/2019

Schwan-STABILO Schwanhäußer GmbH & Co. KG

Schwanweg 1

D-90562 Heroldsberg

ALEMANIA

Application No:	018091103
Your reference:	21.021/4250-4254
Trade mark:	Shine
Mark type:	Figurative mark
Applicant:	Schwan-STABILO Schwanhäußer GmbH & Co. KG Schwanweg 1 D-90562 Heroldsberg ALEMANIA

The Office raised an objection on 24/07/2019 pursuant to Article 7(1)(b), (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 the relevant consumers would perceive the sign as providing information that the writing stationery, materials and instruments in Class 16 shine. The sign describes inter alia pens that emit light or contain shining ink, as well as erasers, stands, cases and boxes for pens and pencils that are decorated with for example glitter. Therefore, the relevant consumer, notwithstanding certain stylised elements consisting of depicting the word in a handwriting style, would perceive the sign as providing information about the kind and quality of the goods in question.

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), (c) and Article 7(2) EUTMR, the application for European Union trade mark No 18 091 103 is hereby rejected for all the goods 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.

Monika Karolina SZALUCHO