Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 26/11/2018

JACOBACCI & PARTNERS S.P.A.

PO Box 321

Torino Centre

I-10121 Torino

ITALIA

Application No:	17 912 821
Your reference:	C0014071
Trade mark:
Mark type:	Figurative mark
Applicant:	Apollo Vredestein B.V. Ir E L C Schiffstraat 370 NL-7547 RD Enschede PAÍSES BAJOS

The Office raised a partial objection on 27/07/2018 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 under Article 7(1)(b) and Article 7(2) EUTMR, for the reasons set out in the attached letter, which forms an integral part of this decision.

The Office maintains that the relevant public would perceive the expression ‘Snow Classic’ contained in the figurative mark as a promotional laudatory message, the function of which is to communicate a quality statement. Moreover, whilst accepting that a mark may be understood as both a promotional formula and an indication of commercial origin, in the present case the relevant public will not tend to perceive in the sign any particular indication of commercial origin beyond the promotional information conveyed, which merely serves to highlight positive aspects of the goods concerned, namely that namely that these are automobile spare parts in particular for driving in snowy winter conditions such as tyres (in the old days called snow tyres, now termed as winter tyres) and flaps, especially made for classic cars.

Although the sign for which protection is sought contains certain stylized elements – such as the use of two different type fonts – these elements are so negligible in nature that they do not endow the trade mark as a whole with any distinctive character. Those elements do not possess any feature regarding the way in which they are combined that allows the mark to fulfill its essential function in relation to the goods for which protection is sought.

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 Article 7(2) EUTMR, the application for European Union trade mark No 17 912 821 is hereby rejected in part for the following goods:

Class 12 Tyres and flaps.

The application may proceed for the remaining goods, namely:

Class 12 Tubes.

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.

Finn PEDERSEN