Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 07/07/2020

GRENAT S.A.

59 Boulevard de Verdun

L-2670 Luxembourg

LUXEMBURGO

Application No:	018204101
Your reference:
Trade mark:	Art & More
Mark type:	Word mark
Applicant:	GRENAT S.A. 59 Boulevard de Verdun L-2670 Luxembourg LUXEMBURGO

The Office raised an objection on 25/03/2020 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 distinctive character of a trade mark is assessed in relation to the goods or services for which protection is sought and the perception of the relevant public. In the present case, the relevant English-speaking consumer would understand the sign as having the following meaning: works of art collectively and other goods that can be acquired with them.

The sign for which protection is sought, ‘Art & more’, would simply be perceived by the relevant public as a promotional slogan, the function of which is to communicate a customer service statement and a motivational statement. Moreover, in the present case, the relevant public will not tend to perceive any particular indication of commercial origin in the sign beyond the promotional information conveyed. With respect to the services in Class 35, the consumer will understand ‘Art & more’ to be a reference to the fact that the retailing, wholesailing and trade shows and exhibitions relate to works of art and other art-related articles (such as art materials). In relation to the services in Class 36 and 41, the sign will be perceived as a reference to the fact that the fundraising, sponsorship, conferences, exhibitions and competitions relate to works of art or creative activities, and other articles used in conjunction with works of art or that can be purchased together therewith.

Therefore, the sign in question is devoid of any distinctive character within the meaning of Article 7(1)(b) 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) and Article 7(2) EUTMR, the application for European Union trade mark No 018 204 101 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.

Ignacio IGLESIAS ARROYO