Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 10/07/2020

BAKER BOTTS (UK) LLP

41 Lothbury

London EC2R 7HF

REINO UNIDO

Application No:	018188003
Your reference:	081161.0120
Trade mark:	TWIST & FLIP
Mark type:	Word mark
Applicant:	Closure Systems International, Inc. 5350 Poplar Avenue, Suite 600 Memphis Tennessee 38119 ESTADOS UNIDOS (DE AMÉRICA)

The Office raised an objection on 21/02/2020 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 Office found that, in the present case, the relevant consumers would perceive the sign as providing information on how the applicant´s goods are used, namely by twisting and flipping them. Therefore, the sign describes the kind and other characteristics, such as the mode of operation, 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) and Article 7(2) EUTMR, the application for European Union trade mark No 18 188 003 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.

Richard THEWLIS