Refusal of application for a European Union trade mark

(Article 7 and Article 42(2) EUTMR)

Alicante, 07/01/2019

Pineappl. Limited

St Modans Manse, Main Street St Boswells

Melrose Scottish Borders, The TD6 0BB

REINO UNIDO

Application No:	017964213
Your reference:
Trade mark:	Scottish Vermouth
Mark type:	Word mark
Applicant:	Pineappl. Limited St Modans Manse, Main Street St Boswells Melrose Scottish Borders, The TD6 0BB REINO UNIDO

The Office raised an objection on 22/10/2018 pursuant to Article 7(1)(b), (c) and (g) EUTMR 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 consumers would perceive the sign as providing information that the goods Vermouth; Wine; Aperitifs with a distilled alcoholic liquor base; Beverages containing wine [spritzers]; Still wine; Rose wines; Red wine; Wine-based drinks; White wine in class 33 are or contain vermouth (fortified wine) of Scottish origin. Therefore, the sign describes the kind and geographical origin of those goods.

It is also maintained that the sign is likely to deceive consumers when used in connection with Spirits and liquors in class 33 as it conveys clear information indicating that those products are or contain “vermouth”, whereas the goods to which an objection has been raised in reality cannot have these characteristics.

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), (c) and (g) EUTMR and Article 7(2) EUTMR, the application for European Union trade mark No 017964213 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.

Cecilia ALIN