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OPERATIONS DEPARTMENT |
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L123 |
Refusal of application for a European Union trade mark
(Article 7 and Article 42(2) EUTMR)]
Alicante, 07/08/2020
D Young & Co LLP
Theatinerstraße 11
D-80333 München
ALEMANIA
Application No: |
018205205 |
Your reference: |
T315840GMK |
Trade mark: |
CLIENTS FOR LIFE
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Mark type: |
Word mark |
Applicant: |
TENACITY INCORPORATED 550 Oakhaven Drive, Suite 2-B Roswell 30075 ESTADOS UNIDOS (DE AMÉRICA) |
The Office raised an objection on 17/03/2020 pursuant to Article 7(1)(b) and (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 sign, which would be perceive by the relevant English-speaking consumer as providing him information that the service provide advice on how to retain clients for life. Therefore, the sign describes the content and quality of the services in question.
Since it has an descriptive meaning, the mark is also devoid of any distinctive character and will not be able to fulfil its essential function.
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 (c) EUTMR, the application for European Union trade mark No 18 205 205 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.
Brice LAUGIER
Avenida de Europa, 4 • E - 03008 • Alicante, Spain
Tel. +34 965139100 • www.euipo.europa.eu