Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 20/10/2020

A.A. THORNTON & CO.

15 Old Bailey

London EC4M 7EF

United Kingdom

Application No:	18271720
Your reference:	ISG/48206EM
Trade mark:	AMAZING FASHION, AMAZING PRICES
Mark type:	Word mark
Applicant:	Primark Limited Arthur Ryan House 22-24 Parnell Street Dublin 1 Ireland

The Office raised a partial objection on 31/07/2020 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 relevant consumers will perceive the sign as a promotional laudatory slogan indicating that the services objected to include retailing of goods which are offered at a surprising(ly good) price and are fashionable or may be used to make fashionable goods. Consumers will immediately grasp the banal message conveyed and will not perceive the sign as indication of commercial origin.

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 7(2) EUTMR, the application for European Union trade mark No 18 271 720 is hereby rejected for some of the services claimed, namely:

Class 35: Retail services relating to perfumes, non-medicated toilet preparations, cosmetics, soaps, essential oils, preparations for the hair, shampoos, depilatory preparations, anti-perspirants, dentifrices, toilet articles, nonmedicated preparations for the care of the scalp and skin, non-medicated preparations for use in the bath, cleaning, polishing, and scouring preparations, abrasive preparations (not for dental use); retail services relating to bleaching preparations, photographic, cinematographic, optical apparatus and instruments, apparatus for recording, transmission or reproduction of sound or images; retail services relating to data processing equipment and computers, mobile telephone accessories, eyewear, sunglasses, goggles, swimming goggles, protective clothing, visors, precious metals and their alloys, jewellery, precious stones, horological and chronometric instruments, paper, cardboard; retail services relating to printed matter, book binding material, photographs, stationery, adhesives for stationery or household purposes, artists' materials, paint brushes, typewriters and office requisites (except furniture), instructional and teaching material (except apparatus), plastic materials for packaging (not included in other classes); retail services relating to articles of luggage, bags, handbags, duffle bags, holdalls, rucksacks, belts, belt bags, cases, vanity cases, briefcases, attaché cases, suitcases, travel bags, purses, wallets, portfolios, cardholders, trunks and pouches, umbrellas, parasols, walking sticks, leather, skin, hide and imitations of these materials, furniture, mirrors, picture frames; retail services small portable domestic utensils and containers (not of precious metal or coated therewith), combs and sponges, brushes (other than paint brushes), instruments and materials for cleaning purposes, glassware, porcelain and earthenware; retail services relating to rope, string, clothes-line, padding and stuffing materials, yarns and threads, bed linen, bed sheets, pillow cases, pillow ticks, bed blankets, table covers, table cloths and towels, all being textile, sleeping bags being sheeting in the form of envelopes, mattress covers; retail services relating to quilts, quilt covers, bed spreads, covers for furniture, cushion covers, tea towels, dish cloths, textile piece goods for lining curtains, curtaining, curtains, face cloths, roller blinds (textile) for indoor use, and textile piece goods for making up into articles of clothing; retail services relation to clothing, footwear, headgear, ribbons, braid, buttons, pins and needles, artificial flowers, rugs, mats, carpets and floor coverings for existing floors, toys, games (other than ordinary playing cards) and playthings sporting articles (other than clothing) swimming pools and paddling pools all being transportable, Christmas tree decorations, playing cards.

The application will be allowed to proceed for the remaining services, namely:

Class 35: Advertising; business management; business administration; office functions; retail services relating to weighing, measuring, life-saving and teaching apparatus and instruments, apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity, magnetic data carriers, recording discs, and mechanisms for coin-operated apparatus, calculating machines; retail services relating to printers' type, printing blocks.

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.

Ferenc GAZDA