Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 06/12/2018

vasilis Mantzikas

68, Solonos Str.,

GR-106 80 Athens

GRECIA

Application No:	014648216
Your reference:	vm-tsam-1
Trade mark:	U S Cyprus Airways
Mark type:	Word mark
Applicant:	NIKOLAOS TSAMOPOULOS EGNATIA 108 GR-55535 THESSALONIKI GRECIA

The Office raised an objection on 31/08/2018 pursuant to Article 7(1)(b) and (c) EUTMR and Article 7(2) EUTMR because it found that the trade mark applied for is descriptive and devoid of any distinctive character, for the reasons set out in the attached letter.

The applicant did not submit any observations within the set time limit.

The Office maintains that the mark ‘U S Cyprus Airways’ as a whole is descriptive and devoid of any distinctive character as it simply indicates that the services in question are travel and transportation services by aircraft with flight routes between the US and Cyprus, and booking, reservation and information services in relation to such flights.

For the abovementioned reasons and pursuant to Article 7(1)(b) and (c) EUTMR and Article 7(2) EUTMR, the application for European Union trade mark No 14 648 216 is hereby rejected for the following services:

Class 39: Reservation services for transportation by air; Tour operating and organising; Transportation of passengers by airship; Arranging of air travel; Arrangement of transportation of passengers by aircraft; Providing information about travel, via the Internet; Provision of travel information by computer; Provision of transport for passengers by air; Travel booking agencies; Air travel services; Booking agency services for airline travel; Transportation and delivery of goods; Transport of freight by air; Delivery of messages [courier].

The application may proceed for the remaining goods and services, namely for:

Class 16: Printed matter; Stationery and educational supplies; Bags and articles for packaging, wrapping and storage of paper, cardboard or plastics; Disposable paper products; Books; Blank forms; Appointment books.

Class 39: Arrangement of travel to and from hotels; Airport check-in services; Ground support passenger handling services; Airport passenger shuttle services between the airport parking facilities and the airport;; Loading and unloading of airplanes.

Class 43: Hotels; Services for providing food and drink.

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.

Anne-Lee KRISTENSEN