Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 24/11/2020

José Luis Tapia

Plaza Mayor, 2 - Esc.5F

E-03600 Elda

ESPAÑA

Application No:	018265514
Your reference:	2772/03
Trade mark:	your first line of defense
Mark type:	Figurative mark
Applicant:	ESS TEE EXPORTS NO.8/131, P.G.V.GARDEN, POOLUVAPATTI POST, P.N.ROAD TIRUPUR – 641 602, TIRUPUR DIST Tamil Nadu LA INDIA

The Office raised an objection on 28/07/2020 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 sign for which protection is sought, , would simply be perceived by the relevant public as a promotional laudatory slogan, the function of which is communicate a customer service 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 goods in question, namely that the goods such as protective masks, goggles, protection clothing, face masks, medical protection devices, etc, are the defense against biological agents such as viruses, bacteria or other chemical hazardous substances.

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 18 265 514 is hereby rejected for all the goods 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.

Claudio MARTINEZ MÖCKEL