Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 08/07/2020

1USUAL International

Rue d'Artois 39

B-1000 Brussels

BÉLGICA

Application No:	018226320
Your reference:
Trade mark:	Waffle Workshop
Mark type:	Word mark
Applicant:	1USUAL International Rue d'Artois 39 B-1000 Brussels BÉLGICA

The Office raised an objection on 24/04/2020 pursuant to Article 7(1) EUTMR because it found that the trade mark applied for is ineligible for registration under Article 7(1)(b) and (c) and Article 7(2) EUTMR, because it is descriptive and devoid of any distinctive character, for the reasons set out in the attached letter.

In the present case, the relevant consumers would perceive the sign as providing information that the services are workshops on waffles where the art of making waffles is taught and consulting and advice services in relation to food preparation, cooking, cooking recipes, etc., especially in relation to waffles. Therefore, the sign describes the kind and subject matter of the services in question.

Given that the sign has a clear descriptive meaning, it is also devoid of any distinctive character and therefore objectionable under Article 7(1)(b) EUTMR, as it is incapable of performing the essential function of a trade mark, which is to distinguish the goods or services of one undertaking from those of other undertakings.

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) EUTMR, the application for European Union trade mark 18 226 320 is hereby rejected for the following services:

Class 41 Arranging of workshops; Arranging and conducting workshops; Arranging and conducting of workshops; Workshops (Arranging and conducting of -) [training]; Arranging and conducting of workshops [training]; Arranging, conducting and organisation of workshops; Arranging and conducting of

workshops; Arranging and conducting of workshops; Consultancy and information services relating to arranging, conducting and organisation of

workshops.

Class 43 Consulting services in the field of culinary arts; Cookery advice; Consultancy services relating to food preparation; Consultancy services

relating to food; Consultancy services relating to baking techniques;

Advice concerning cooking recipes.

The application may proceed for the remaining goods and services in Classes 30 and 41.

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.

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