Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 24/05/2020

Florian de Weryha

Bismarckstrasse 90

D-20253 Hamburg

ALEMANIA

Application No:	018194218
Your reference:
Trade mark:	Cruiseworld
Mark type:	Word mark
Applicant:	Florian de Weryha Bismarckstrasse 90 D-20253 Hamburg ALEMANIA

The Office raised an objection on 12/02/2020 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.

Reasoning:

In the present case, the relevant English-speaking consumers would perceive the sign as providing information that the claimed services are global and concern cruises. (T-106/14 ‘Greenworld’)

Therefore, the sign may serve in trade to describe characteristics of the services at issue.

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 018194218 is hereby rejected.

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.

Jean Marc SCHULLER