Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 18/12/2019

PINTZ & PARTNERS LLC

Budapest

Csepreghy utca 2. II. em.

H-1085

Hungary

Application No:	18117308
Your reference:	CCI_BBMR_prio
Trade mark:	BIGGER. BETTER. MORE REWARDING.
Mark type:	Word mark
Applicant:	Celebrity Cruises Inc. 1050 Caribbean Way Miami FL 33132 United States of America

The Office raised an objection on 07/10/2019 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 relevant public will perceive both the individual words composing the sign and their sum as an advertising, laudatory message which has the sole purpose of emphasizing certain positive characters of the services at issue, namely that the relevant consumers will receive more beneficial services, therefore, these services will become more advantageous in comparison to services of other undertakings. Therefore, the sign as a whole is devoid of any distinctiveness within the meaning of Article 7(1)(b) and Article 7(2) EUTMR in respect of all the services claimed since 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 applicant failed to submit observations within the time limit. Consequently, for the reasons set out in the notice, and pursuant to Article 7(1)(b) and Article 7(2) EUTMR, the application for European Union trade mark No 18 117 308 is hereby rejected for all the 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.

Ferenc GAZDA