Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 29/06/2020

BRANDSTOCK LEGAL RECHTSANWALTSGESELLSCHAFT MBH

Rückertstr. 1

D-80336 München

ALEMANIA

Application No:	018193013
Your reference:	TM36024EU00/LC-MED
Trade mark:	FROM PROVENCE TO …
Mark type:	Word mark
Applicant:	LABORATOIRES M&L ZONE INDUSTRIELLE SAINT-MAURICE F-04100 MANOSQUE FRANCIA

The Office raised an objection on 16/03/2020 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.

In the present case, the relevant English-speaking consumer would understand the sign as having the following meaning: originating in, coming from Provence, a region in south-eastern France, and meant, intended for somebody.

Therefore, the sign describes the geographical origin 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 18193013 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.

Simon Andrew DAYNES