Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 17/08/2020

CLIFFORD CHANCE LLP

10 Upper Bank Street

London E14 5JJ

REINO UNIDO

Application No:	018214620
Your reference:	EA/TM47256/95-40632545/VGM
Trade mark:	Together At Home
Mark type:	Word mark
Applicant:	Global Poverty Project IP Pty Ltd Suite 5, Level 3, 695 Burke Road Camberwell Victoria 3124 AUSTRALIA

The Office raised an objection on 20/04/2020 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 mark was found not eligible for registration because the sign for which protection is sought, “Together At Home,” would simply be perceived by the relevant public as a promotional laudatory slogan, the function of which is to communicate an inspirational or 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, which merely serves to highlight positive aspects of the services in question, namely that they have the common objective of linking people together who are apart due to being housebound (each at home), thus enabling them to feel a sense of togetherness in spite of being physically distanced. This message is especially resonant and pertinent at the present moment given the current global situation caused by the COVID-19 outbreak. Most of the people in the world are confined at home and many feel a strong need to connect with others through organised collaborative and interactive activities which bring housebound persons together in a variety of educational and entertainment contexts. For example one may participate in live classes and seminars. Moreover, for example, the consumer may watch a live concert streamed on the internet and what he/she sees is an artist staying at home as well and the people enjoying the same show together. It gives him/her the

impression of not being alone while he/she is confined at home.

The word “together” also has the connotation of showing solidarity in the face of a

crisis. The mark may thus additionally be understood as a reference to the desirable

quality of solidarity between persons who are confined at home.

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 18 214 620 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.

Richard THEWLIS