Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 12/07/2020

HGF LIMITED

1 City Walk

Leeds, Leeds LS11 9DX

REINO UNIDO

Application No:	018194600
Your reference:	RJW/T297193EP
Trade mark:	ROCKFISH
Mark type:	Word mark
Applicant:	Rockfish Group Limited 5 South Embankment Dartmouth Devon TQ6 9BH REINO UNIDO

The Office raised an objection on 05/03/2020 pursuant to Article 7(1)(b)(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 consumers would perceive the sign as providing information that the goods (Fish; foodstuffs predominantly containing seafood or fish; prepared meals consisting primarily of fish; fishcakes; pickled fish; soups; fish burgers sold as a sandwich; sandwiches; tacos; cake, gateau, pies; sauces and other condiments) consist of rockfish or primarily contain rockfish. Therefore, the sign describes characteristics such as the kind and composition of the goods in question. A sign must be refused as descriptive if it has a meaning that is immediately perceived by the relevant public as providing information about the goods and services applied for.

This is the case where the sign provides information about, inter alia, the quantity, quality, characteristics, purpose, kind and/or size of the goods or services. The public interest underlying Article 7(1)(c) EUTMR is that exclusive rights should not exist for purely descriptive terms that other traders might wish to use as well.

Given that the sign has a clear descriptive meaning, it is also devoid of any distinctive character and therefore objectionable under Article 7(1)(b) EUTMR, as it is incapable of performing the essential function of a trade mark, which is to distinguish the goods or services of one undertaking from those of other undertakings.

Consequently, taken as a whole, the sign for which protection is sought is descriptive and devoid of any distinctive character, and is not capable of distinguishing the goods to which an objection has been raised within the meaning of Article 7(1)(b) and (c) and Article 7(2) EUTMR.

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)(c) and Article 7(2) EUTMR, the application for European Union trade mark No 018194600 is hereby rejected for the following goods/services:

Class 29 Fish; foodstuffs predominantly containing seafood or fish; prepared meals consisting primarily of fish; fishcakes; pickled fish; soups.

Class 30 Fish burgers sold as a sandwich; sandwiches; tacos; cake, gateau, pies; sauces and other condiments.

The application may proceed for the remaining goods/services.

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.

Alfonso CID