Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 04/12/2019

AB INITIO

5, rue Daunou

F-75002 Paris

FRANCIA

Application No:	018117613
Your reference:	AP/DR/IT/MEM191565
Trade mark:
Mark type:	Figurative mark
Applicant:	EPOCH COMPANY, LTD 2-2, 2-Chome Komagata Taito-ku Tokyo 111-8618 JAPÓN

The Office raised an objection on 11/09/2019 pursuant to Article 7(1)(b) 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 sign applied for – – consists of a commonplace figurative representation of a doll, a typical outward appearance of the relevant goods – toys, games and playthings – and merely the object of the retail/wholesale/rental services, which is commonly used as a decorative element in connection with these goods and services. Beyond that, the sign has no elements capable of attracting the attention of the average consumer and does not convey any ‘message’ which could make it easily memorable and cause the consumer to perceive the sign as distinctive in relation to toys, games or playthings.

Therefore, the sign in question is devoid of any distinctive character within the meaning of Article 7(1)(b) 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) EUTMR, the application for European Union trade mark No 18 117 613 is hereby rejected for the following goods and services:

Class 28 Toys, games, and playthings.

Class 35 Retail or wholesale services for toys, games and playthings.

Class 41 Toy rental.

The application may proceed for the remaining goods and services:

Class 16 Paper and cardboard; Printed matter; Bookbinding material; Photographs; Photograph stands; Stationery and office requisites, except furniture; Adhesives for stationery or household purposes; Drawing materials and materials for artists; Instructional and teaching materials; Plastic sheets, films and bags for wrapping and packaging; Printed publications; Books; Magazines; Booklets; Posters; Postcards; Greeting cards; Birthday cards; Stickers; Stencils; Notebooks; Coloring books.

Class 25 Clothing; Footwear; Headgear; Aprons; Paper caps.

Class 28 Fairground and playground apparatus; Video game apparatus; Gymnastic and sporting articles; Decorations for Christmas trees.

Class 35 Advertising; business management; business administration; office functions; Provision of information concerning commercial sales; Commercial information and advice for consumers in the choice of products and services; Customer club services for commercial, promotional and advertising purposes.

Class 41 Education; Providing of training; Entertainment; Sporting and cultural activities; Production, presentation, distribution, and rental of motion picture films; Production, presentation, distribution, and rental of television and radio programs; Production, presentation, distribution, and rental of sound and video recordings; Non-downloadable electronic publications; Organization, production and presentation of shows, competitions, games, concerts, exhibitions and events; Fan clubs; Amusement park and theme park services; Photography.

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