Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 21/10/2020

Isabelle Bertaux

55 rue Ramey

F-75018 PARIS

FRANCIA

Application No:	018269910
Your reference:	IBE2020TM0873
Trade mark:	Zapobe
Mark type:	Word mark
Applicant:	Shenzhen Zinuo Trading Co., Ltd. Rm 506, Bldg C, Hongshengyuan Industrial Park, No. 339 Bulong Rd, Bantian St., Longgang, Shenzhen REPÚBLICA POPULAR DE CHINA

The Office raised an objection on 13/08/2020 pursuant to Article 7(1)(b) and (c) EUTMR 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 the relevant Slovenian-speaking consumers would perceive the sign Zapobe as providing information that the goods are especially intended for boys. Therefore, the sign describes the intended public/user of the goods in question.

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 and Article 7(2) EUTMR, the application for European Union trade mark No 018269910 is hereby rejected in part, namely for:

Class 25 Sweaters; jumpers [pullovers]; shirts; ready-made clothing; trousers; outerclothing; knitwear [clothing]; dresses; overcoats; jackets [clothing]; underwear; dressing gowns; combinations [clothing]; babies' pants [underwear]; layettes [clothing]; football shoes; socks; Gloves as clothing; neckties; scarves.

The application will proceed accordingly for the remaining goods:

Class 25 Knickers; camisoles; bodices [lingerie]; corselets; hairdressing capes.

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.

Cecilia ALIN