Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 30/06/2020

MARINOS CLEANTHOUS

8 Victor Hugo

CY-2107 Nicosia

CHIPRE

Application No:	018212819
Your reference:	XLD-EU-TM-0004
Trade mark:	Mafia city
Mark type:	Word mark
Applicant:	Beijing ELEX Technology Co., Ltd. 6th Floor, Block C,Truth Plaza,  No.7 ZhiChun Road, Haidian District Beijing 100191 REPÚBLICA POPULAR DE CHINA

The Office raised an objection on 01.04.2020 pursuant to Article 7(1)(f) 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, taken as a whole, the word ‘Mafia city’ manifestly promotes the name of the criminal organization ‘Mafia’ and must be considered to be against public policy and should, therefore, not be protected as a EUTM.

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)(f) and Article 7(2) EUTMR, the application for European Union trade mark No 018212819 is hereby rejected for all the goods and 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.

Helen BIRCH