Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 10/11/2020

Collective Society Ltd

201 Haverstock Hill Second Floor C/O Fkgb

London, NW3 4QG

REINO UNIDO

Application No:	018194819
Your reference:
Trade mark:	Collective Benefits
Mark type:	Word mark
Applicant:	Collective Society Ltd 201 Haverstock Hill Second Floor C/O Fkgb London, NW3 4QG REINO UNIDO

The Office raised an objection on 20/07/20 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.

The assessment of descriptiveness is based on how the relevant consumer would perceive the sign in relation to the goods and services for which protection is sought. In the present case, the relevant English-speaking consumer, and specially the part of the specialised public concerned being professionals in the finance and/or insurance field, would understand the sign as having the following meaning: advantages referred to two or more things.

The business field (in general) uses this expression and concept to refer to different (various) benefits that consumers may have by using or contracting the provider’s services, i.e., consumers may have different advantages from a collective benefit package or framework contract.

In the present case, the relevant consumers would perceive the sign as providing information that by contracting any of the applicant’s services consumers may have access to different benefits, for instance, the applicant may provide consumers with access to an exclusive range of protections, benefits, and perks normally reserved for big company employees. Therefore, the sign describes a quality or value, and the type of benefits provided by the services in question.

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.

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 018 194 819 is hereby rejected for all the /services 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.

Examiner’s name

Ignacio IGLESIAS ARROYO