Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 17/10/2018

LEGALINTERNATIONAL

Viale Pasteur, 5

I-00144 Roma

ITALIA

Application No:	017894120
Your reference:
Trade mark:	De Galluchat
Mark type:	Word mark
Applicant:	Aleksandra Ruczyńska Grunwaldzka 12b/6 85-236 Bydgoszcz POLONIA

The Office raised a partial objection on 29/05/2018 pursuant to Article 7(1)(b) & (c) 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, which forms an integral part of this decision.

The Office still maintains that, taken as a whole, the expression De Galluchat would simply be seen in the relevant market sector as providing information about the contested goods in class 18, namely that they are bags made from/of Galluchat (from shark's skin). Therefore, the sign describes the kind, quality and intended purpose of the goods in question.

The Applicant first replied by email. The Office informed him in its notification of 18/06/2018 that e-mails are not accepted as a form of communication with the Office. He was informed that communications are to be sent through fax or E-comm.

Now, the Applicant has failed to submit observations within the time limit.

For the reasons set out in the letter of objection, and pursuant to Articles 7(1)(b) & (c) EUTMR, the application for European Union trade mark No 17894120 De Galluchat is hereby rejected, in part, for the following goods:

Class 18: Bags.

The Application is accepted for the remaining goods, namely:

Class 3: Perfumes.

Class 14: Jewellery.

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.

Magali VOISIN