Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)]

Alicante, 20/03/2020

Boult Wade, S.L.

Avda. de Europa, 26

Edif. ÁTICA 5, Planta 2

E-28224 POZUELO DE ALARCÓN (MADRID)

ESPAÑA

Application No:	017963507
Your reference:	EJP/CPD/T202884EM00
Trade mark:	DESIGNLINE
Mark type:	Word mark
Applicant:	Regis LLC 7201 Metro Boulevard Minneapolis Minnesota 55439 ESTADOS UNIDOS (DE AMÉRICA)

The Office raised an objection on 09/11/208 and on 08/11/2019 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 two letters, which form an integral part of this decision.

In the letters of objection, the Office stated that the sign for which protection is sought, the word mark ‘DESIGNLINE’, would simply be perceived by the relevant public as a non-distinctive expression. Moreover, in the present case, the relevant public will not tend to perceive any particular indication of commercial origin in the sign beyond the promotional information conveyed, which merely serves to highlight that the goods are a line of hair styling products and appliances and utensils.

On 03/01/2019, the applicant replied on the first objection letter. The Office addressed the arguments of the applicant in its second objection letter on 08/11/2019.

The applicant failed to submit observations with regard to the second objection letter of 08/11/2019 within the time limit. For the reasons set out in the letters of objection, and pursuant to Article 7(1)(b) and Article 7(2) EUTMR, the application for European Union trade mark No 17 963 507 is hereby rejected 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.

Martin EBERL