Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 20/07/2020

MARINOS CLEANTHOUS

8 Victor Hugo

CY-2107 Nicosia

CHIPRE

Application No:	018202703
Your reference:	FQ-EU-TM-0039
Trade mark:	Novelty
Mark type:	Word mark
Applicant:	NOVELTY ELECTRIC LIMITED FLAT/RM 01-02,12/F,BILLION TRADE CENTRE,31 HUNG TO ROAD,KWUN TONG, KL HONGKONG REGIÓN ADMINISTRATIVA ESPECIAL DE HONG KONG DE LA REPÚBLICA POPULAR DE CHINA

The Office raised an objection on 20/03/2020 pursuant to Article 7(1)(b) 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 Office maintains that the mark ‘Novelty’ is not capable as functioning as a badge of origin, for the goods for which registration is sought. The relevant English-speaking consumers would merely perceive the mark as a laudatory message informing that the goods in question are new, a new invention or new version, in other words, that they are different and unusual from previous goods of the same type.

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 Article 7(2) EUTMR, the application for European Union trade mark No 18 202 703 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.

Anja Pernille LIGUNA