Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 29/08/2018

Tasty Stuff

Bloemgracht 175

NL-1016 KN Amsterdam

PAÍSES BAJOS

Application No:	017869117
Your reference:
Trade mark:	Tasty Stuff
Mark type:	Word mark
Applicant:	Tasty Stuff Bloemgracht 175 NL-1016 KN Amsterdam PAÍSES BAJOS

PRELIMINARY REMARKS

• On 24/04/2018 the applicant requested a change in the sign applied for from ‘Tasty Stuff’ to ‘Andy’s Tasty Stuff’ as it has been mistakenly not included in the initial application.

• On 15/05/2018 the Office informed the applicant that its request would be refused according to Article 49(2) EUTMR because the modification proposed would substantially change the trademark applied for. However the Office also informed the applicant that the deadline for submitting observations set in the notification dated 14/03/2018 was valid and expired on 19/05/2018 and granted two month extension to submit its observations no later than 19/07/2018.

The Office raised an objection on 14/03/2018 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 Office maintains that, the relevant English-speaking consumer would perceive the sign ‘Tasty Stuff’ as a promotional laudatory slogan, the function of which is to communicate a value statement. Moreover, in the present case, the relevant English-speaking consumer 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 and services in question, namely that they are tasty sweeteners, sugars, chocolates, coffees, cereals, foods, etc., or advertising services for tasty sweeteners, foods, etc.

The applicant failed to submit observations within the time limit and upon further examination, the Office decided to maintain the objection.

Since no further arguments have been presented nor further evidence has been submitted, the Office refers in full to the objection letter.

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 17 869 117 ‘Tasty Stuff’ is hereby rejected for all the goods and services 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.

Moises Paulo ROMERO CABRERA