Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 23/06/2020

Head Technology GmbH

Wuhrkopfweg 1

A-6921 Kennelbach

AUSTRIA

Application No:	018194414
Your reference:
Trade mark:	LACE
Mark type:	Word mark
Applicant:	Head Technology GmbH Wuhrkopfweg 1 A-6921 Kennelbach AUSTRIA

The Office raised an objection on 17/04/2020 pursuant to Article 7(1) EUTMR because it found that the trade mark applied for is not eligible for registration under Article 7(1)(b) and (c) EUTMR and Article 7(2) EUTMR, for the reasons set out in the attached letter, which forms an integral part of this decision.

The Office maintains that, taken as a whole, the relevant consumers would perceive the sign as providing information that the sporting articles are laces used in sports to fasten the garment, for example shoulder pad laces for athletic use. Therefore, the sign describes the kind of the goods in question.

In addition, the sign also lacks distinctiveness in relation to those sporting articles that may include a lace. The objection letter of 17/04/2020 contained an internet search demonstrating that there are sporting articles on the market featuring a lace. Therefore the relevant consumer will perceive the sign as merely providing information that the goods have a lace. There is no additional element in the sign that might be regarded as fanciful or unusual.

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) EUTMR, the application for European Union trade mark No 18 194 414 is hereby rejected for the following goods:

Class 28 Sporting articles.

The application may proceed for the remaining goods, namely:

Class 28 Skis, snowboards, ski poles.

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.

Stanislava MIKULOVA