Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 27/11/2018

HASELTINE LAKE LLP

Redcliff Quay 120 Redcliff Street

Bristol BS1 6HU

REINO UNIDO

Application No:	017915405
Your reference:	T108836EU00/CDM
Trade mark:	SQUEEZE & FREEZE
Mark type:	Word mark
Applicant:	DGI Technologies, Inc. 681 River Avenue Lakewood New Jersey 08701 ESTADOS UNIDOS (DE AMÉRICA)

The Office raised an objection on 03/07/2018 pursuant to Article 7(1)(b) and (c) 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 L110 attached letter, which forms an integral part of this decision.

The application consists of the word mark “SQUEEZE & FREEZE”.

The goods to which this refusal applies are:

Class 10 Medical devices for use in treating and removing skin tags and warts on the skin.

On 24/08/2018, the applicant requested an extension of time limit to send his observations in reply to the L110 letter dated 03/07/2018 and was granted an extension on 28/08/2018 that expired on 07/11/2018.

The English speaking consumer, namely a professional in the field of medicine, would understand the sign as having the following meaning: to compress and to stop at a particular stage, to harden with ice.

Moreover, the relevant consumers would perceive the sign as providing information that the medical devices claimed are used to stop a process at a particular stage in the treatment of the skin, namely by compressing it and applying a local anaesthetic to make it insensitive or a freezing product. Therefore, the sign describes the kind and intended purpose of the goods in question.

Given that the sign has a clear descriptive meaning, it is also devoid of any distinctive

character and therefore objectionable under Article 7(1)(b) EUTMR, as it is incapable

of performing the essential function of a trade mark, which is to distinguish the goods

or services of one undertaking from those of other undertakings.

The symbol “&” does not add any distinctive character to the sign as it is often used in trade to replace the word “and” so it will only be perceived by the relevant consumer as a way to link the two verbal elements composing the mark, “SQUEEZE”

and “FREEZE”.

Signs which are devoid of any distinctive character within the meaning of Article 7(1) (b) CTMR are those which are incapable of performing the essential function of a trade mark, namely that of identifying the commercial origin of the goods or services, enabling the consumer who acquired the goods or services covered by the mark to repeat the experience, if it proves to be positive, or to avoid it, if it proves to be negative, on the occasion of a subsequent acquisition (27/02/2002, T-34/00, ‘Eurocool’, § 37 and 05/05/2009, T-449/07, ‘EU-Bruzzel’, § 18).

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 (c) and Article 7(2) EUTMR, the application for European Union trade mark No 17 915 405 is hereby rejected in its entirety, for all the goods 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.

Brigitte BERNHEIM

Annex: L110 letter dated 03/07/2018