Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 31/10/2019

MARKS & CLERK LLP

40 Torphichen Street

Edinburgh Edinburgh, City of EH3 8JB

REINO UNIDO

Application No:	018107123
Your reference:	TE773343EMA
Trade mark:	NO-TWIST CLIP
Mark type:	Word mark
Applicant:	CCL Label, Inc. 161 Worcester Road Framingham Massachusetts 01701 ESTADOS UNIDOS (DE AMÉRICA)

The Office raised an objection on 22/08/2019 pursuant to Article 7(1)(b) and (c) EUTMR 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 English-speaking consumers would perceive the sign as providing information that the goods are clips that avoid things hanging off them (in this case identification badges) from twisting and turning.

Therefore, the sign describes the indented purpose and a desirable 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) and (c) EUTMR and Article 7(2) EUTMR, the application for European Union trade mark No 018107123 is hereby rejected for all the goods claimed, namely for:

Class 16 Fasteners, namely, clips specially adapted for attachment to lanyards for use in holding identification badges.

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.

Cecilia ALIN