Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 12/12/2019

KANCELARIA PATENTOWA WOJCIECH LECH

ul. Architektów 1/8A

85-804 Bydgoszcz

POLONIA

Application No:	018123322
Your reference:	250W19
Trade mark:	PREFERiTA
Mark type:	Figurative mark
Applicant:	Virtu Production Sp. z o.o. ul. Łośnicka 35 42400 Zawiercie POLONIA

The Office raised an objection on 27/09/2019 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 word ‘PREFERITA’ contained in the sign for which protection is sought is considered devoid of any distinctive character for all the goods because it would simply be perceived by the relevant Italian-speaking consumer as a promotional laudatory slogan, the function of which is to communicate a value statement. Moreover, in the present case, the relevant public will not tend to perceive any particular indication of commercial origin in the sign beyond the promotional information conveyed, which merely serves to highlight positive aspects of the goods in question, namely that they are pizzas that consumers prefer among others. Although the sign for which protection is sought contains certain figurative and stylised elements, these elements are so negligible in nature that they do not endow the trade mark as a whole with any distinctive character.

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 Article 7(2) EUTMR, the application for European Union trade mark No 18 123 322 is hereby rejected for all the goods.

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.

Anna BAKALARZ