Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 14/01/2020

José Izquierdo Faces

Calle General Salazar, Nº 10

E-48012 Bilbao (Vizcaya)

ESPAÑA

Application No:	018104306
Your reference:	GTMZC1904411
Trade mark:	TAPESTRY
Mark type:	Figurative mark
Applicant:	ELITEX (DEZHOU) CO., LTD. 3368 Jinghua Road, Dezhou Economic Development Zone Shandong Province REPÚBLICA POPULAR DE CHINA

The Office raised an objection on 23/09/2019 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 relevant English-speaking average consumer would understand the sign – – as having the meaning ‘tapestry’ and perceive the sign as providing information that the goods – fabrics and substitutes, cloth, curtains, textile goods – either are/contain tapestry or resemble tapestry. Therefore, the sign describes characteristics (as kind, material or appearance) of the goods in question. The sign remains merely informative; the relevant public will not associate any meaning with the sign other than the informative one, it will not perceive any particular indication of commercial origin in the sign.

The sign consists of capital black letters in a standard typeface, elements which are not sufficient to render the mark as a whole distinctive.

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 goods to which an objection has been raised within the meaning of Article 7(1)(b) and (c) and Article 7(2) EUTMR.

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 (c) and Article 7(2) EUTMR, the application for European Union trade mark No 18 104 306 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.

Thorsten Ickenroth